Ryan Magaziner Exam 2 Notes Tort Law: Intro • Most civil lawsuits are either contract cases or Tort cases. o Contract cases Deals with broken agreements o Tort cases They are broad and type of civil lawsuit you would file if it wasn’t contractual • Intentional o Reckless o Intent o Compensatory damages o Punitive • Negligence o Careless o Compensatory damages Careless • Defendants fault and the degree of their fault Reckless • Behaving outrageously dangerous even if your not trying to hurt someone. Intent • The most severe consequences for this • If you carried out a plan o Damages Compensatory • Meant to make up for all the harm they suffered as result of someone else’s misconduct. o Ex: car crash and you sued the other driver. So like car bill, medical bill, pain for the rest of your life Punitive • Pay even more then harm you caused. • Punishment dollars o Tort cases against doctors in Texas A few years ago Texas voters voted approval over this The awards of malpractice a limit on certain kind of damages in tort cases. • Compensatory o Any measureable losses can be awarded by the jury
o Non-measureable damages like pain and suffering can not go above 750,000 • Punitive o Not affected by this new law at all. o No specific limit But never really comes up bc its rare for a doctor trying to hurt a patient so its usually negligence, which does not have punitive damages. Today: 1. Intentional Torts 2. Negligence a. Read Ch 6 Intentional Torts • Defined very specifically and precisely. Almost how specific crimes are. • They are not criminal lawsuits • They are similar to criminal cases and are different than each other but are not criminal cases. Assault and Battery • Battery: Physically harmed. • Harmful or offensive bodily contact. • We could ask the Jury to get into the mind of the plaintiff but we do not instruct and guess what they felt etc. Instead, we are asked to evaluate through the general average reasonable Person. o So like based on what you think happened, do you think they would feel harm etc. o Ex: a guy on park bench and second guy punch the first guy in the face. Jury would agree that would count as battery. Because any reasonable person would feel that’s harm. o Ex: guy at bus stop, he is really hypersensitive and cannot stand human contact. And a stranger taps him on the shoulder and the sensitive guy runs home and cant function. So even if psychologist explains he feels this sensitivity, jury should say there’s no battery because would a reasonable person feel harm etc. • Commonly used defense in battery is self-defense. o If a defendant can convince the guy said yea I hurt the guy but it was for self-defense.
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