1.1 Definition and Purpose of Tort Law

Tort law is the legal framework for resolving disputes between private parties when one causes harm to another. It aims to compensate victims, deter wrongdoing, and promote justice by holding people accountable for their actions.

Understanding tort law is crucial for navigating everyday life and business interactions. It sets standards for behavior, defines legal responsibilities, and provides remedies when someone's careless or intentional actions cause harm to others.

Introduction to Tort Law

Definition of tort law

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• Branch of civil law dealing with private wrongs or injuries caused by one party to another
  • Wrongs or injuries can be intentional (assault) or unintentional (negligence)
  • Provides remedies to injured party, typically monetary damages (compensation for medical expenses)
• Serves as mechanism for resolving disputes between private parties
  • Provides legal framework for holding wrongdoers accountable (deterrence)
  • Helps maintain social order and promotes responsible behavior (justice)

Purposes of tort law

• Compensation
  • Compensates injured party for harm suffered
  • Damages awarded aim to restore plaintiff to pre-injury state (reimbursement for lost wages)
  • Compensatory damages include medical expenses, lost wages, pain and suffering, property damage
• Deterrence
  • Serves as deterrent to prevent future wrongdoing
  • Threat of legal action and financial consequences discourages harmful behavior (product liability cases)
  • Imposing liability encourages potential wrongdoers to take reasonable precautions (safety measures)
• Justice
  • Promotes sense of justice by holding wrongdoers accountable
  • Provides means for injured party to seek redress and have grievances addressed (filing lawsuit)
  • Helps maintain societal balance by ensuring those who cause harm are held responsible

Tort law vs other legal areas

• Tort law vs criminal law
  • Tort law deals with private wrongs, criminal law deals with offenses against state or society
  • In tort cases, injured party initiates legal action; in criminal cases, state prosecutes offender
  • Standard of proof in tort cases is "preponderance of evidence," in criminal cases, "beyond reasonable doubt"
• Tort law vs contract law
  • Tort law addresses wrongs or injuries arising independently of contractual relationships
  • Contract law deals with breaches of agreements between parties with contractual relationship
  • In tort cases, duties owed are generally imposed by law; in contract cases, duties defined by agreement terms

Elements of tort claims

• Duty
  • Defendant must have owed legal duty of care to plaintiff
  • Nature and scope of duty depend on relationship between parties and circumstances (doctor-patient relationship)
• Breach
  • Defendant must have breached duty of care owed to plaintiff
  • Breach occurs when defendant fails to act as reasonable person would in similar circumstances (texting while driving)
• Causation
  • Defendant's breach of duty must have caused plaintiff's injury or harm
  • Causation established through "but for" test (would injury have occurred without breach?) or "substantial factor" test
• Damages
  • Plaintiff must have suffered actual harm or injury as result of defendant's breach of duty
  • Damages can be physical (broken bone), emotional (mental anguish), or economic (lost income) in nature