GBL_395_-__SC__Torts___Part_1

GBL_395_-__SC__Torts___Part_1 - GBL 395 PART 9 FALL 2010...

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Unformatted text preview: GBL 395 PART 9 FALL 2010 PROFESSOR HEIDI BULICH 1 The Law of Torts Part 1 Tort Reform and Intentional Torts Introduction 2 Contract and Tort law Similarities Both are considered forms of civil law Both are also considered forms of private laws these are concerned with the enforcement of private duties between individuals, between an individual and a business and between 2 businesses (as opposed to public law relationship of government to individuals) Introduction 3 Contrast Contract and Tort Law Contract - An agreement between 2 or more persons which creates an obligation to do or not to do a particular thing. You choose to enter into a contract . Tort A legal wrong committed upon the person or property independent of contract for which damages or other judicial remedies can be sought. Duties are imposed on you you oftentimes have no choice . This legal wrong is a private wrong and is considered a violation of a duty imposed by general law or a duty imposed by all persons occupying the relation to each other which is involved in a particular transaction. Many torts are also crimes. Introduction 4 What are Torts and How They Compare to Crimes Torts Private wrong against a person or his/her property. Usually arise from intentional act or negligence. Burden of proof civil suit, preponderance of evidence. Based mostly on common law Many torts are also crimes single action can result in criminal trial and civil trial Victim sues to recover damages Civil plaintiff merely needs a preponderance of the evidence judge or jury simply needs to find that the evidence favors the plaintiff over the defendant Introduction 5 Crimes Public wrong, committed with intent or by negligence, for which law provides punishment or recompense to society. Burden of proof criminal conviction beyond a reasonable doubt Based primarily on statutes and regulations (state and federal) Most important aspects of investigation, arrest and trial governed by US Constitution (4 th , 5 th , 6 th and 8 th Amendments) Government chooses whether to prosecute A successful criminal prosecution requires proof of guilt beyond a reasonable doubt Introduction 6 Like Contracts, to prove a tort must prove all of the elements (ingredients). Need to memorize these!...
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GBL_395_-__SC__Torts___Part_1 - GBL 395 PART 9 FALL 2010...

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