Module 4: Law of Torts (Introduction to Tort Law and Intentional Torts & Unintentional Torts and Tort Defenses and Remedies)

Question 1

?What are torts, and why are they important for seeking justice when someone causes harm through wrongful conduct?

Answer 1

Torts, derived from the Latin term “tortus” meaning wrong, are wrongful acts or omissions committed by one person against another person, their property, or their reputation. Torts are crucial for seeking justice when harm occurs due to wrongful conduct because they provide a legal framework for individuals to claim compensation for the injuries or losses they have suffered. Torts allow individuals to seek remedies for a wide range of wrongful acts, whether intentional or unintentional, providing a means for resolving disputes and holding wrongdoers accountable.

Question 2

Intentional Torts vs Unintentional Torts

Answer 2

Intentional Torts:
- Assault and Battery
- Defamation
- Trespass to Land & Trespass to Goods
- Slander of Goods & Slander of Title
- Inducing breach of contract

Unintentional Torts:
- Standard of care and its breach
- The issue of causation
- Vicarious liability of employers
- Occupier’s liability of businesses
- Product liability of manufacturers

Question 3

What are intentional torts, and can you give examples involving people, property, and business situations that result in legal liability?

Answer 3

Intentional torts involve deliberate and purposeful actions that cause harm to another person, their property, or their reputation. Examples include:

Assault and Battery: Unlawful touching or striking of a person with the intention to harm. For instance, a physical altercation between two individuals.

Defamation: Making false statements that harm a person’s reputation. This could occur through spreading false rumors about someone.

Trespass to Land: Entering or remaining on someone else’s land without justification. For example, entering private property without permission.

Inducing Breach of Contract: Persuading someone to violate their contractual obligations. This might happen in a business context where a third party induces an employee to breach their employment contract.

Question 4

What’s negligence in tort law, and how do duty of care and causation play into unintentional harm cases?

Answer 4

Negligence in tort law involves a failure to exercise reasonable care, resulting in harm to another party.

Duty of Care: The responsible party must owe a duty of care to the injured party. For instance, professionals owe a duty of care to their clients.

Breach of Duty: There must be an act or omission that breaches the duty of care. This breach can be a failure to meet the standard of care expected in a given situation.

Causation: The wrongful act or omission must be directly connected to the harm suffered by the victim. The “but for” test is often used to determine whether the harm would have occurred without the wrongful conduct.

Question 5

When someone is accused of causing harm, what arguments can they use to defend themselves?

Answer 5

Consent: If the harmed party willingly agreed to the actions that caused harm, the accused may argue that they had consent.

Self-Defense: Individuals may argue that they caused harm to protect themselves from imminent danger.

Necessity: If the harm was committed to prevent a greater harm or emergency, the accused may argue necessity as a defense.

Question 6

If someone is harmed, what can they get as compensation?

Answer 6

Victims of harm can seek compensation through:

Compensatory Damages: These aim to compensate the victim for actual losses suffered. Financial or intangible compensation to suffering (pain and suffering).

Punitive Damages: Punishment to the wrong-doer to prevent future misconduct

Equitable Remedies (Injunctions): Courts may issue injunctions to temporarily or permanently prevent them to stop or comply actions.

Question 7

How does tort liability work for professionals? Is there special rules for them in tort law?

Answer 7

Professionals like engineers and lawyers are held to specific standards in tort law:

Professional Negligence: Professionals owe a duty of care to their clients and must adhere to professional standards.

Special Tort Liability: Professionals may have specific liabilities related to their expertise. For example, engineers can be liable not only to their clients but also to future purchasers of the construction projects they design.

Fiduciary Duty: Professionals have a fiduciary duty to their clients to act honestly in good faith with their best interest.