What is Torts?

Definition:

• A tort is a wrongful act, other than breach of contract, resulting in injury to another party's person, property, dignity, or reputation.
• Recognized by statute or common law as a legitimate basis for liability.
• Torts = Law of Civil Wrongs.

Key Distinctions:

1. Civil or Criminal Cases:
   • Civil Liability in Tort Law: Similar to contracts and property law.
   • Differences include:
     • Parties Involved: Plaintiff vs. prosecutor.
     • Outcomes: Liable vs. guilty.
     • Standard of Proof: Preponderance (civil) vs. beyond a reasonable doubt (criminal).
     • Consequences: Civil damages vs. criminal penalties.
     • Procedural Rules: Civil procedure vs. criminal procedure.

Private vs. Public Parties:

• Tort Action: Injured plaintiff sues defendant for damages.
• Criminal Action: Prosecutor (on government behalf) charges the defendant.
• Example: O.J. Simpson cases – Criminal (People of the State of California v. Simpson) and Civil (Goldman v. Simpson).

Different Outcomes:

• Criminal Cases: Guilty vs. not guilty.
• Tort Cases: Liable vs. not liable.

Standards of Proof:

• Criminal: Beyond a reasonable doubt.
• Civil: Preponderance of evidence.
  • More than 50% likely.
  • Explains divergence in some criminal and civil cases (e.g., O.J. Simpson).

Consequences for Defendant:

• Criminal: Possible penalties include death, imprisonment, criminal fines.
• Civil: Common remedy is damages; sometimes equitable relief (injunctions).

Procedural Differences:

• Civil (civil procedure) vs. criminal (criminal procedure).

Basis for Civil Liability:

1. Common Law
2. Statutory Law

Common Law vs. Statutory Law:

• Statutory Law: Passed by legislatures (Congress, State Legislature, City Council).

  • Includes private causes of action.
  • E.g., Employment discrimination statutes.

• Common Law: Primarily judge-made, evolved through court decisions.

  • Precedents are applied in future disputes within the same jurisdiction.

Interaction between Common Law and Statutory Law:

• Common law may be codified into statutory law by legislative bodies.
• Legislature can reject or preempt judicial rules.
• Judicial rules must consider relevant statutes in tort disputes.

Torts vs. Contracts:

• Torts: Govern relationships where prior agreements are absent.
• Contracts: Govern creation and enforcement of agreements.

Examples and Applications:

• Torts: Unintended harm (e.g., bumping into someone causing injury).
• Contracts: Failure to fulfill agreed obligations (e.g., shipment of goods).
  • Can contract around tort default rules through prior agreements.
  • Combined tort and contract causes of action possible in a single suit.
  • Example: Suing for defective product causing harm (warranty and negligence).

Summary:

• Torts: Wrongful act, other than a breach of contract, causing injury and recognized by law as a basis for liability.