Chapter 17Torts: A Civil Wrong

Chapter 17 – Torts: A Civil Wrong

In Civil Law some of the key names have changed:

Crime Tort

Prosecutor Plaintiff

Defendant Defendant

Conviction Judgement

Chapter 17 – Torts: A Civil Wrong

Civil laws attempts to deal with two basic questions. First, Who should be held responsible, or liable, for human activities. Second, how much should the person found to be liable be made to pay in damages, which are the costs of punishment.

Damages should be in an attempt to remedy, or fix, the problem that exists but are paid in the for of money in most cases.

Let’s take a look at some examples. For each of the following examples, please look for who is the plaintiff and who is the defendant. Also, decide if the defendant should have to pay damages, and if so how much would be apporopriate.

Chapter 17 – Torts: A Civil Wrong

#1) Fourteen-year-old Carrie is babysitting four year-old Jill. Carrie leaves Jill in the living room and goes to the kitchen to call her boyfriend. From the kitchen she can hear but not see Jill. While she is away, Jill falls off a char and is hurt.

#2) Ben, a high-school football player, tackles a teammate in practice. When the teammate hits the ground his shoulder is dislocated.

#3) Consuela leaves a sharp knife on the kitchen table after making a sandwich. A three-year-neighbor who has been invited over to play with Consuela’s daughter climbs up on a chair, grabs the knife, and seriously cuts his finger.

Chapter 17 – Torts: A Civil Wrong

Over 90% of civil cases do not go to a trial. Instead these cases end in a settlement. If you are offered to a settlement, there are a few things that can happen.

First, you could agree to the $5,000 that is being asked for, and admit that you are liable.

Or you could admit that you are liable, but not agree to the amount of money, offering to pay $3,000 in damages instead of $5,000.

Or you could claim that you are not liable and take the case to court and try to win.

Chapter 17 – Torts: A Civil Wrong

TYPES OF TORTS:

There are three categories of torts.

Intentional Wrong occurs when a person acts with the intent of injuring a person, his or her property or both.

Negligence is an unintentional tort, when someone fails to use reasonable care and causes harm. This is the most common tort.

Strict Liability occurs when the defendant is engaged in something that is very dangerous.