Unit 3: Torts
This unit discusses tort, which is a branch of law that involves the enforcement of civil wrongs in the absence of contracts. For example, if you are hit by another vehicle and want to sue for medical costs, there is no contract between you and the driver, so this lawsuit would be carried out within the tort system. When the terms of an existing contract are violated, enforcement must be carried out outside the tort system.
Tort law allows individuals and businesses that have been wronged to receive compensation for that wrongdoing. Tort law is frequently used in situations involving medical negligence. If your doctor accidentally amputated the wrong arm and you wish to sue, you would sue based on tort law. There are a number of different types of torts, but the most common is negligence, which involves a breach of the "duty of care". In other words, in order to sue on negligence, you must be able to prove a person was responsible for something violated that responsibility.
Completing this unit should take you approximately 4 hours.
Upon successful completion of this unit, you will be able to:
- define tort and terms related to torts, generally;
- identify and discuss the elements of the tort of negligence;
- identify and discuss the elements of an intentional tort;
- identify which torts are considered strict liability torts; and
- determine tort liability by applying elements of negligence to hypothetical scenarios.
3.1: Tort Law
- Watch this video, which explains the concepts and practice of torts, the different types of torts, and how torts impact business.
3.2: Introduction to Torts
Read this introductory material for Chapter 7. A tort is a civil wrong other than a breach of contract. Torts are distinguishable from contract and criminal law in how duty is created. With respect to torts, civil law creates duties that govern conduct. Under contract law, the parties determine what duties are owed. Criminal law governs conduct by prohibiting certain types of behaviors. As you read this section, note the overlap between torts and contracts as well as the overlap of torts and criminal law. Tort law is a way for an injured party to seek compensation for harm caused by another. If the state follows pure comparative negligence, a plaintiff's recovery will be reduced in proportion to her or her degree of fault. Even if the plaintiff is found to be at greater fault than the defendant, plaintiff will still be allowed to recover damages.
If the state follows a modified comparative negligence rule, a plaintiff will not recover any damages, if the plaintiff is more than 50% at fault.
3.3: Negligence
Read this section. Have you ever been around someone who is being careless and ends up breaking something? If you become angry with them, they might answer that they didn't do it on purpose. Even so, the tort of negligence tells us that even when a person does not commit wrongs on purpose, he or she still may be held accountable if that person did not exercise proper care. The standard used in judging this is to ask what any reasonable person would do in the same situation.
Familiarize yourself with the elements of negligence. If all of the elements of negligence are met, then it becomes necessary to determine what the damages were. There are defenses to a charge of negligence. Be sure to do the exercises at the end of the section, in which you will determine tort liability by applying elements of negligence law to hypothetical scenarios.
3.4: Intentional Torts
Read this section. Intentional torts are legal wrongs that require intent, in the sense that the individual (called a tortfeasor) intended the consequences of his or her actions, or that the tortfeasor knew with substantial certainty that particular consequences would result from his or her actions. Intentional torts may be committed against individuals or against property. Under the doctrine of respondeat superior, an employer can be held liable for an employee's intentional torts. Note the wide variety of intentional torts that are recognized. Be sure to complete the exercises at the end of the section.
3.5: Strict Liability
Read this section. The law recognizes that some torts require holding persons liable for their acts even when they have exercised reasonable care. How could this be? Note the various situations in which persons are held to strict liability. Do you agree that these situations require a stricter level of accountability? For businesses that engage in the manufacture or sale of goods, product liability has emerged as an important area of business law; pay particular attention to this discussion. Complete the exercises at the end of the section.
Unit 3 Assessment
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Take this assessment to see how well you understood this unit.
- This assessment does not count towards your grade. It is just for practice!
- You will see the correct answers when you submit your answers. Use this to help you study for the final exam!
- You can take this assessment as many times as you want, whenever you want.