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Introduction
Intentional Torts
Privileges
Policy issues
Negligence
Damages
Vicarious liability
Strict liability
Products liability
Index of tort cases
Tort cases
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Tort
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Definition
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From latin: torquere, to twist. A private or civil
wrong or injury, other that a breach of a contract, for which the court
provides a remedy in the form of an action for damages.
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Three general elements
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Existence of a legal duty
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Breach of that duty
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Damage as a proximate result
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Tort Lawsuit
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Alternatives
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Hospital sends bill to D, designated by P
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Effects
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D can send bill to anyone
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Bill will go to the person most likely to have caused injury
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Constraints
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Less recovery of loss of income, pain & suffering
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Who will decide & how much
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National Accident Compensation Board
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Effects
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New taxes needed for payments
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More claims, including many that would not have been litigated
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No deterrence for companies or persons to inflict injury
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Constraints
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Less recovery of loss of income, pain & suffering
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No one else pays
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Effects
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Savings on transaction costs
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Efficient
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Less safety
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Constraints
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Less recovery of loss of income, pain & suffering
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No-fault system
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Effects
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Lowers transaction costs
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Constraints
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Is not fair
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Determination of who caused accident
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Richer pays
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Toss a coin/battle with champions
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Procedure
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Complaint/Answer
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D motions to dismiss
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Is the pleading enough for a cause of action to exist?
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Discovery
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Motions for summary judgment
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Trial
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P opening statement
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P presents evidence & witnesses (D may cross-examine)
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D Motions for directed verdict
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Judgment as a matter of law
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Can be done by P or D
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Given the evidence, interpreted as favorably as possible for
P, no reasonable jury could find for P
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Renewed motions for directed verdict
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Precedents
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Used for consistency, fairness, predictability
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If a case is favorable, analogize
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If a case is unfavorable, distinguish
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