Introdution to Torts
Tort law is all about accidents in contempoary society
Tort law defined: the set of rules regarding liability and compensation for personal injury, death and property damage that one party causes to another. They are about the rules for shifting losses from injured victims to the persons anc companies causing injuries.
Tort law primarily grew out of a focus on bodily injury and physical property damage, but protection has been extended beyond the physical to include harm to reputation, privacy, emotional well-being, and economic losses.
The range of torts includes wrongful conduct as negligence (personal injury law for unintentional harm), intentional torts (assault and battery), products liability (defective products), abnormally dangerous activities liability (blasting, aerial pesticides spraying), nuisance (air, water, and noise pollution), defamation (libel and slander), privacy invasion (private areas intrusion), and fraud (misrepresentation).
Tort law ramifications must be part of the planning and strategy in all fields of law practice.
1.05 The Culpability Spectrum in Tort Law
Two types of harm: intended harm and unintended harm.
The Culpability Spectrum
(—————-à Decreasing liability)
Intended harm: Intentional torts
Includes stuff like battery and assault
1. Strict Liability
The first thing that a plaintiff has to establish is that there is a duty owed to the affected party. We owe duties imposed by the law to others because of relationships that we have with those other people.
Ordinarily, if there’s a duty between you and I, and I breach that and you are injured, then I am liable.
In Vicarious Liability, not only am I personally liable to you, but someone else is liable as well. Only certain kinds of relationships are viable for vica
“substantial factor” test
4. Scope of Liability (Proximate Cause): did the defendant’s obligation include the general type of harm the plaintiff suffered? Are there any intervening causes that are so unexpected that they are superseding? Often termed “proximate cause” or “legal cause”. A defendant’s conduct may create readily foreseeable risks of harm (primary risks) or a rippling effect and create subordinate risks of harm (ancillary risks).
5. Damages: What legally recognizable losses has a plaintiff incurred to date, and what losses may be incurred in the future?
C] Defenses to a Negligence Case
The defendant can raise a number of possible affirmative defenses to a negligence claim, matters on which the defendant has the burden to plead and prove relevant