Torts of Intention and Negligence Private law and public interest
-Torts- A private wrong( as opposed to a crime which is a public wrong punishable
by the state ). Torts can only be pursued as a private matter by or against another
individual corporation or arm of govt.
-Comes from Latin word tortus which means wrong
-Punitive damage- damages that are awarded in tort beyond what is necessary to
compensate an individual or a legal entity for losses sustained and for pain and
suffering. The purpose of punitive damages is to deter the conduct in question thus
bringing a public law objective to the realm of private law.
The Role Of Deterrence And punitive Damages In Tort
-there are can be difficulties with the punitive deterrence and appeasement or
denunciation function in tort law
-an emphasis on punitive damages in tort may duplicate the existing imposition of
sanctions by the criminal court system. Potentially imposing two sets of
punishments for the defendant -2nd because the overwhelming majority of tort actions are to be found in the realm
of negligence specifically in the realm of non criminal negligence the goals of
punishment and denunciation are more difficult to justify.