BSLW6604 Lecture Notes - Lecture 3: Punitive Damages, Res Ipsa Loquitur, Sovereign Immunity
8 Jun 2018
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Torts
1. Definition
a. Tort: “a private wrong or injury, suffered by an individual as the result of another
person’s conduct”
i. How society says one should act, social construct
b. Tort law deals with the allocation of monetary compensation of the individual for injuries
sustained as a result of another person’s conduct
c. Unlike obligations created through contracts the duties imposed under tort law are
mandatory for all citizens in that jurisdiction
d. Punishment
i. Criminal Law
1. Protect the public from harm through punishment and/or incarceration
ii. Civil Law
1. Compensate injured party for the harm suffered as a result of another
person’s conduct
2. Allows for punitive retribution
2. Types of Torts
a. Negligence: most common
b. Intentional Torts: A&B, intentional infliction of emotion distress
c. Property torts: Trespass
d. Economic torts : Slander and libel, invasion of privacy, breach of confidence, conspiracy
e. Statutory tort
i. Strict, product, vicarious (employer for an employee’s action) liability
ii. Written by society
3. Three levels of intent of harm
a. Intentional Torts
i. Intent to commit act, and intent to harm
b. Reckless Misconduct/Gross Negligence
i. Intent to commit act, but no intent to harm
c. Unintentional Tort/Negligence
i. No intent to commit act, nor intent to harm
ii. Failure to exercise “reasonable care”
4. History of Negligence
a. For a time, there was no duty of care
i. England in 1932: Donoghue vs. Stevenson
1. Decomposing snail at bottom of beer
2. Both got sick, sued owner -> previous courts said they got unlucky, can’t
do anything
3. Case made it to House of Lords, where Lord Atkin defined negligence as
known today
b. Definition
i. Failure to use ordinary care and caution as would be expected by a prudent
person, for the protection of others against an unreasonably great risk of harm
ii. Four Elements
1. Duty of care owed by the defendant
a. Duty to act
i. Legal, not moral, obligation to act
ii. Can be implemented as “Good Samaritan Law”
iii. Legal duty is based on relationship between parties
(Employee/Employer)
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