Working Document

Tort: A wrongful act (or failure to act) committed by one person against another person or his property - the breach of a legal duty imposed by law other than by contract

* Private wrong between two parties

* 3 groups of Torts

o Intentional Torts:

* Can collect actual and punitive damages

o Negligence (Failure to Act):

* Can only collect actual damages

o Strict Liability: the doctrine under which a party may be required to respond to tort damage, without regard to that party's fault

Compensatory vs. Punitive Damages

* Compensatory Damages: A sum of money the court imposes on a defendant as compensation for the plaintiff because the defendant has injured the plaintiff by breach of a legal duty

* Punitive Damages: Damages by way of punishment that are allowed by the court as a result of an injury caused by a wrong that is willful and malicious

o Are awarded to punish defendants for committing intentional torts and, in some states, for negligent behavior considered "gross" or "willful and wanton."

Persons Liable

* Joint and several: Two or more persons have an obligation that binds them individually as well as jointly. The obligation can be enforced either by joint action against all of them or by separate actions against one or more.

o If Defendant A has 99% responsibility and Defendant B is at 1% fault, and Defendant A has no assets, Defendant B must pay 100% of the judgement.

* Respondeat superior: The theory of liability by which one person is liable for the torts of another.

* Children that are 10 years of age or older are treated as any other person as tort liability is concerned and are held to the same standard as an adult.

o Parents are not responsible for the actions of their children in this case.

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