Overview
If I punch you, that’s a crime (Assault). But it’s also a Tort (Battery). Criminal law punishes me; Tort law pays you. It’s about shifting the cost of accidents to the person who caused them.
Core Idea
Negligence: The most common tort. You didn’t mean to hurt anyone, but you were careless.
- Duty: You had a duty to be careful (e.g., drive safely).
- Breach: You failed (texted while driving).
- Causation: Your failure caused the accident.
- Damages: The victim was hurt.
Formal Definition (if applicable)
Strict Liability: You are responsible even if you were careful. (e.g., Keeping a tiger as a pet. If it bites someone, you pay, even if you had a great fence).
Intuition
- The Reasonable Person: The imaginary person the law compares you to. “Would a reasonable person have mopped up that spill?”
- Deep Pockets: Lawyers sue the person with money (Insurance companies, Corporations).
Examples
- Medical Malpractice: A doctor makes a mistake.
- Product Liability: A toaster explodes.
- Defamation: Libel (written) or Slander (spoken) lies that hurt someone’s reputation.
Common Misconceptions
- “The McDonald’s Coffee Case.” (She spilled coffee and got millions? Actually, the coffee was superheated to 190°F, caused 3rd-degree burns, and McDonald’s had been warned 700 times. The jury punished them for not fixing it.)
Related Concepts
- Punitive Damages: Extra money to punish the bad guy (not just compensate the victim).
- Class Action: A lot of people suing together.
Applications
- Insurance: Exists to pay for torts.
- Safety Regulations: Often written to avoid lawsuits.
Criticism / Limitations
“Ambulance Chasers.” Does the system encourage frivolous lawsuits?
Further Reading
- Prosser & Keeton, The Law of Torts
- Harr, A Civil Action