Ch 7, Torts

Question 1

Why is tort separate from criminal law?

Answer 1

–No guilt in tort: only tests of individual or collective liability
–In tort law, there is no requirement of evil intention
-Case is decided on probabilities, not beyond a reasonable doubt like in criminal law
-Criminal law is also designed to rehabilitate offenders

Question 2

Define negligence tort.

Answer 2

Negligence Tort: in response to the failure of an individual or organization to conform to a standard of reasonable care

Question 3

Define intentional tort.

Answer 3

-Intentional Tort: in response to intentional infliction of mental or physical harm to persons or property

Question 4

Define negligence.

Answer 4

Negligence is defined as doing something that a reasonable person would not be expected to do

Question 5

Why are punitive damages a crucial component of deterrence?

Answer 5

Cannot arrest a whole company, must take away then what the justice system can: money

Question 6

Define the defenses to cases of negligence.

Answer 6

-Contributory negligence: often used to diminish or eliminate the plaintiff’s liability for damages: says that the plaintiff has either contributed or created the negligence being complained of and it is not the defendant’s fault
–Second defense against negligence: the action took place in the course of voluntary participation in a criminal or problematic event -Tailfeathers
-Third defence against negligence: the assertion that the event in question was simply an accident -Blyth case
-Fourth defense: voluntary assumption of risk: plaintiffs have voluntarily assumed the risks of a given activity and therefore nullify any tort activity brought to court - King v. Redlich

Question 7

Define the criticisms of tort law.

Answer 7

-Intentional torts and torts of negligence are concerned with compensation
-Criticisms of tort law: tort law provides compensation to a relatively small number of accident victims in limited circumstances, the accident victim must make a substantial financial investment to even initiate the process (access to justice??), the plaintiff must prove fault and will only recover if he is fortunate enough to be injured by an individual with lots of money

Question 8

Define Vicarious liability.

Answer 8

Vicarious liability: employer is responsible for loss to third parties on behalf of the employee’s behavior (effective compensation and deterrence)
-When considering if vicarious liability is at play: first rely on precedents from previous cases, then determine if it is needed based on the broader policies behind liability