Scheb_IntroAmericanLegalSystem_Ch5[1]

Scheb_IntroAmericanLegalSystem_Ch5[1] - 5 TORTS...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
L EARNING OBJECTIVES This chapter should enable the student to understand: • the definition of a tort, its historical development, and the purpose of tort law • the basic elements of negligence: duty, breach, causation • defenses to actions based on negligence • categories of intentional torts • defenses to torts against persons and property • the doctrine of strict liability applicable to products and to dangerous activities • the applicability of vicarious liability in tort law C HAPTER OUTLINE Introduction Negligence Intentional Torts Strict Liability Vicarious Liability Special Tort Situations Immunities from Liability New Developments in Tort Law Tort Reform Conclusion Summary of Key Concepts 5 T ORTS photodisc.com
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
I NTRODUCTION The word tort comes from the Latin tortus, which means “twisted or wrong.” Thus, a tort is a wrongful act committed by a person or an entity, known as the tortfeasor, resulting in injury or loss to the victim. But a tort is not always a wrongful act, because in certain instances the law imposes liability for activities that are not necessarily wrongful yet result in injury or damage. The law of torts emanates from the English common law. In the United States, tort law has developed over the years largely by judicial decisions, but also through legislative action restricting or expanding tort liability. The American Law Institute (ALI), an organization of scholarly lawyers and judges, has published three editions of the Restatement of Torts. The Restatement is not law; however, it purports to restate principles of contemporary American law and is often relied on by courts in interpreting the law. In this chapter we refer to certain sections of the Restatement. We refer to a person who allegedly suffers as a result of someone’s negligence or intentional act as the plaintiff and to the alleged tortfeasor as the defendant. Tort law is designed to protect persons from injury to their person, property, and rep- utation. One who suffers a tort may bring a civil action for damages to obtain redress of the injury or loss caused by the torfeasor’s actions. There are three basic types of torts: 1. Negligent acts or omissions. Negligence is the failure to exercise reasonable care. A tortfeasor’s negligent driving that causes injuries to a person or damage to some- one’s vehicle, or a physician or lawyer whose performance falls below the required standard of care, are common examples of the tort of negligence. In some instances failure to perform an act (omission) may be a tort. 2. Intentional acts. These are torts committed by someone who intends to do some- thing that the law has declared wrongful, such as assault, battery, defamation, false imprisonment, trespass, or fraud. Striking someone with a stick is a battery and is a classic example of an intentional tort, unless one happens to be participating in a karate tournament. CHAPTER 5 Torts
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 33

Scheb_IntroAmericanLegalSystem_Ch5[1] - 5 TORTS...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online