1 00:00:00,080 --> 00:00:03,240 A tort in common law jurisdiction is a civil wrong 2 00:00:03,240 --> 00:00:06,760 that causes a claimant to suffer loss or harm, resulting in legal 3 00:00:06,760 --> 00:00:09,440 liability for the person who commits A tortious act. 4 00:00:09,760 --> 00:00:12,360 It can include the intentional infliction of emotional 5 00:00:12,360 --> 00:00:16,480 distress, negligence, financial losses, injuries, invasion of 6 00:00:16,480 --> 00:00:20,040 privacy, and many other things. Tort law, A suit where the 7 00:00:20,040 --> 00:00:23,320 purpose of a legal action is to attain a private civil remedy 8 00:00:23,320 --> 00:00:26,840 such as damages, may be compared to criminal law, which deals 9 00:00:26,840 --> 00:00:29,320 with criminal wrongs that are punishable by the state. 10 00:00:29,810 --> 00:00:33,530 Tort law may also be contrasted with contract law, which also 11 00:00:33,530 --> 00:00:35,970 provides a civil remedy after breach of duty. 12 00:00:36,130 --> 00:00:39,210 But whereas the contractual obligation is 1 chosen by the 13 00:00:39,210 --> 00:00:43,010 parties, the obligation in both tort and crime is imposed by the 14 00:00:43,010 --> 00:00:47,370 state in both contract and tort. Successful claimants must show 15 00:00:47,370 --> 00:00:49,930 that they have suffered foreseeable loss or harm as a 16 00:00:49,930 --> 00:00:52,930 direct result of the breach of duty terminology. 17 00:00:53,290 --> 00:00:56,050 The person who commits the act is called a tort visa. 18 00:00:56,560 --> 00:00:59,560 Although crimes may be torts, the cause of legal action in 19 00:00:59,560 --> 00:01:03,080 civil torts is not necessarily the result of criminal action. 20 00:01:03,200 --> 00:01:06,320 The harm in civil torts may be due to negligence, which does 21 00:01:06,320 --> 00:01:08,080 not amount to criminal negligence. 22 00:01:08,440 --> 00:01:11,280 The victim of the harm can recover their losses damages in 23 00:01:11,280 --> 00:01:13,640 a lawsuit. In order to prevail, the 24 00:01:13,640 --> 00:01:16,280 plaintiff in the lawsuit, commonly referred to as the 25 00:01:16,280 --> 00:01:19,480 injured party, must show that the actions or lack of action 26 00:01:19,560 --> 00:01:21,920 was the legally recognizable cause of the harm. 27 00:01:22,320 --> 00:01:25,440 The equivalent of tort in civil law jurisdictions is delict. 28 00:01:25,910 --> 00:01:29,030 Legal injuries are not limited to physical injuries and may 29 00:01:29,030 --> 00:01:33,030 include emotional, economic, or reputational injuries as well as 30 00:01:33,030 --> 00:01:36,750 violations of privacy, property, or constitutional rights. 31 00:01:37,110 --> 00:01:40,430 Torts comprise such varied topics as automobile accidents, 32 00:01:40,470 --> 00:01:44,310 false imprisonment, defamation, product liability, copyright 33 00:01:44,310 --> 00:01:46,630 infringement, and environmental pollution. 34 00:01:46,710 --> 00:01:50,120 Toxic torts. Compared to criminal cases, tort 35 00:01:50,120 --> 00:01:53,280 lawsuits have a lower burden of proof, namely preponderance of 36 00:01:53,280 --> 00:01:55,760 evidence rather than beyond a reasonable doubt. 37 00:01:56,120 --> 00:01:59,400 Sometimes a claimant may prevail in a tort case even if the 38 00:01:59,400 --> 00:02:02,040 defendant who allegedly caused harm were acquitted in an 39 00:02:02,040 --> 00:02:05,560 earlier criminal trial. For example, OJ Simpson was 40 00:02:05,560 --> 00:02:08,639 acquitted in Criminal Court of murder but later found libel for 41 00:02:08,639 --> 00:02:11,880 the tort of wrongful death. Both tort law and criminal law 42 00:02:11,880 --> 00:02:16,080 may impose liability where there is intentional action, reckless 43 00:02:16,080 --> 00:02:20,690 behavior, carelessness, product liability without negligence in 44 00:02:20,690 --> 00:02:24,930 the US and EU, innocence or blameless inadvertence, provided 45 00:02:24,930 --> 00:02:28,250 there is strict liability the United States influence. 46 00:02:28,570 --> 00:02:31,930 The United States Tort Law was influenced by English Law and 47 00:02:31,930 --> 00:02:35,010 Blackstone's Commentaries on the Laws of England, with several 48 00:02:35,010 --> 00:02:38,610 state constitutions specifically providing for redress for torts 49 00:02:38,690 --> 00:02:41,650 in addition to reception statutes which adopted English 50 00:02:41,650 --> 00:02:44,180 law. However, tort law was viewed as 51 00:02:44,180 --> 00:02:46,900 relatively undeveloped by the mid 19th century. 52 00:02:47,060 --> 00:02:49,780 The First American Treatise on torts was published in the 53 00:02:49,820 --> 00:02:53,820 1860s, but the subject became particularly established when 54 00:02:53,820 --> 00:02:56,260 Oliver Wendell Holmes junior wrote on the subject in the 55 00:02:56,300 --> 00:02:58,780 1880s. Holmes writings have been 56 00:02:58,780 --> 00:03:01,980 described as the first serious attempt in the common law world 57 00:03:01,980 --> 00:03:04,860 to give torts both a coherent structure and a distinctive 58 00:03:04,860 --> 00:03:07,300 substantive domain. Although Holmes Summary of the 59 00:03:07,300 --> 00:03:11,620 History of Torts has been critically reviewed, the 1928 US 60 00:03:11,620 --> 00:03:15,020 case of Paulsgrove versus Long Island Railroad Company heavily 61 00:03:15,020 --> 00:03:18,700 influenced the British judges. In the 1932 House of Lords case 62 00:03:18,700 --> 00:03:22,900 of Donahue V Stevenson Modern development, the law of torts 63 00:03:22,900 --> 00:03:25,700 for various jurisdictions has developed independently. 64 00:03:26,060 --> 00:03:28,860 In the case of the United States, a survey of trial 65 00:03:28,860 --> 00:03:32,100 lawyers pointed to several modern developments, including 66 00:03:32,100 --> 00:03:35,180 strict liability for products based on Greenman versus Yuba 67 00:03:35,180 --> 00:03:38,920 Power products, the limitation of various immunities, e.g., 68 00:03:38,920 --> 00:03:41,800 sovereign immunity, charitable immunity, comparative 69 00:03:41,800 --> 00:03:45,040 negligence, broader rules for admitting evidence, increased 70 00:03:45,040 --> 00:03:48,400 damages for emotional distress and toxic torts, and class 71 00:03:48,400 --> 00:03:51,480 action lawsuits. However, there has also been a 72 00:03:51,480 --> 00:03:55,120 reaction in terms of tort reform, which in some cases have 73 00:03:55,120 --> 00:03:58,520 been struck down as violating state constitutions and federal 74 00:03:58,520 --> 00:04:01,630 preemption of state laws. Modern torts are heavily 75 00:04:01,630 --> 00:04:05,350 affected by insurance and insurance law as most cases are 76 00:04:05,350 --> 00:04:08,110 settled through claims adjustment rather than by trial, 77 00:04:08,270 --> 00:04:11,350 and are defended by insurance lawyers, with the insurance 78 00:04:11,350 --> 00:04:14,550 policy a deep pocket limit setting a ceiling on the 79 00:04:14,550 --> 00:04:16,990 possible payment conflict of laws. 80 00:04:17,390 --> 00:04:20,750 In certain instances, different jurisdictions, law may apply to 81 00:04:20,750 --> 00:04:23,710 a tort, in which case rules have developed for which law to 82 00:04:23,710 --> 00:04:26,240 apply. This occurs particularly in the 83 00:04:26,240 --> 00:04:29,480 United States, where each of the 50 states may have different 84 00:04:29,480 --> 00:04:32,440 state laws, but also may occur in other countries with a 85 00:04:32,440 --> 00:04:36,080 federal system of states or internationally categories. 86 00:04:36,400 --> 00:04:39,240 Torts may be categorized in several ways, with a 87 00:04:39,240 --> 00:04:41,840 particularly common division between negligent and 88 00:04:41,840 --> 00:04:45,040 intentional torts. Quasi torts may be used to refer 89 00:04:45,040 --> 00:04:47,920 to torts which are similar to, but somewhat different from 90 00:04:47,920 --> 00:04:51,070 typical torts, particularly in the United States. 91 00:04:51,150 --> 00:04:54,630 Collateral tort is used to refer to torts in labor law, such as 92 00:04:54,630 --> 00:04:57,990 intentional infliction of emotional distress, outrage, or 93 00:04:57,990 --> 00:05:00,990 wrongful dismissal. These evolving causes of action 94 00:05:00,990 --> 00:05:03,870 are debated and overlap with contract law or other legal 95 00:05:03,870 --> 00:05:07,070 areas to some degree. The most common action in tort 96 00:05:07,070 --> 00:05:09,980 is negligence. The tort of negligence provides 97 00:05:09,980 --> 00:05:13,420 A cause of action leading to damages or to relief in each 98 00:05:13,420 --> 00:05:16,460 case designed to protect legal rights, including those of 99 00:05:16,460 --> 00:05:20,580 personal safety, property, and in some cases, intangible 100 00:05:20,580 --> 00:05:23,220 economic interests or noneconomic interests, such as 101 00:05:23,220 --> 00:05:25,940 the tort of negligent infliction of emotional distress. 102 00:05:25,940 --> 00:05:29,700 In the United States, negligence actions include claims coming 103 00:05:29,700 --> 00:05:33,140 primarily from car accidents and personal injury accidents of 104 00:05:33,140 --> 00:05:36,820 many kinds, including clinical negligence, workers negligence, 105 00:05:36,820 --> 00:05:40,200 and so forth. Product liability cases, such as 106 00:05:40,200 --> 00:05:43,040 those involving warranties, may also be considered. 107 00:05:43,040 --> 00:05:46,120 Negligence actions or, particularly in the United 108 00:05:46,120 --> 00:05:49,480 States, may apply regardless of negligence or intention through 109 00:05:49,480 --> 00:05:52,760 strict liability. Intentional torts include, among 110 00:05:52,760 --> 00:05:55,960 others, certain torts arising from the occupational use of 111 00:05:55,960 --> 00:05:58,000 land. The tort of nuisance, for 112 00:05:58,000 --> 00:06:00,840 example, involves strict liability for a neighbor who 113 00:06:00,840 --> 00:06:03,600 interferes with another's enjoyment of his real property. 114 00:06:04,050 --> 00:06:07,570 Trespass allows owners to sue for entrances by a person or his 115 00:06:07,570 --> 00:06:10,290 structure, such as an overhanging building on their 116 00:06:10,290 --> 00:06:12,770 land. Several intentional torts do not 117 00:06:12,770 --> 00:06:15,250 involve land. Examples include false 118 00:06:15,250 --> 00:06:17,770 imprisonment, the tort of unlawfully arresting or 119 00:06:17,770 --> 00:06:21,090 detaining someone, and defamation in some jurisdiction, 120 00:06:21,090 --> 00:06:24,130 split into libel and slander where false information is 121 00:06:24,130 --> 00:06:26,890 broadcast and damages the plaintiff's reputation. 122 00:06:27,340 --> 00:06:30,820 Other intentional torts include battery assault, trespass to 123 00:06:30,820 --> 00:06:33,740 chattels, intentional infliction of emotional distress, 124 00:06:33,820 --> 00:06:36,740 misrepresentation, and a liolation of affections. 125 00:06:37,060 --> 00:06:40,140 In some cases, the development of tort law has spurred 126 00:06:40,140 --> 00:06:43,180 lawmakers to create alternative solutions to disputes. 127 00:06:43,540 --> 00:06:47,340 For example, in some areas, workers compensation laws rose 128 00:06:47,340 --> 00:06:50,500 as a legislative response to court rulings restricting the 129 00:06:50,500 --> 00:06:53,100 extent to which employees could sue their employers in 130 00:06:53,100 --> 00:06:55,460 respective injuries sustained during employment. 131 00:06:55,920 --> 00:06:59,280 In other cases, legal commentary has led to the development of 132 00:06:59,280 --> 00:07:02,760 new causes of action outside the traditional common law torts. 133 00:07:03,120 --> 00:07:06,480 These are loosely grouped into quasi torts or liability torts. 134 00:07:06,840 --> 00:07:09,400 Negligence. Negligence is a tort which 135 00:07:09,400 --> 00:07:12,480 arises from the breach of the duty of care owed by one person 136 00:07:12,480 --> 00:07:15,280 to another from the perspective of a reasonable person. 137 00:07:15,750 --> 00:07:18,470 Although credited is appearing in the United States in Brown 138 00:07:18,470 --> 00:07:21,430 versus Kendall, the later Scottish case of Donahue V 139 00:07:21,430 --> 00:07:27,070 Stevenson 1932 A/C 562 followed in England, brought England into 140 00:07:27,070 --> 00:07:29,990 line with the United States and established the tort of 141 00:07:29,990 --> 00:07:32,910 negligence as opposed to negligence as a component in 142 00:07:32,910 --> 00:07:36,750 specific actions in Donahue. Mrs. Donahue drank from an 143 00:07:36,750 --> 00:07:39,870 opaque bottle containing A decompassed snail and claimed 144 00:07:39,870 --> 00:07:42,070 that it had made her ill. She could not zoom. 145 00:07:42,070 --> 00:07:46,190 Mr. Stevenson for damages for breach of contract and instead 146 00:07:46,190 --> 00:07:49,070 sued for negligence. The majority determined that the 147 00:07:49,070 --> 00:07:52,790 definition of negligence can be divided into 4 component parts 148 00:07:52,870 --> 00:07:55,590 that the plaintiff must prove to establish negligence. 149 00:07:55,950 --> 00:07:59,350 The elements in determining the liability for negligence are the 150 00:07:59,350 --> 00:08:01,670 plaintiff was out of duty of care through a special 151 00:08:01,670 --> 00:08:05,190 relationship, e.g., doctor, patient or some other principle. 152 00:08:05,510 --> 00:08:07,710 There was a dereliction or breach of that duty. 153 00:08:08,190 --> 00:08:10,750 The tort visa directly caused the injury, but for the 154 00:08:10,750 --> 00:08:13,110 defendant's actions, the plaintiff would not have 155 00:08:13,110 --> 00:08:15,950 suffered an injury. The plaintiff suffered damage as 156 00:08:15,950 --> 00:08:19,270 a result of that breach. The damage was not too remote. 157 00:08:19,350 --> 00:08:21,830 There was proximate cause to show the breach caused the 158 00:08:21,830 --> 00:08:24,950 damage. In certain cases, negligence can 159 00:08:24,950 --> 00:08:26,990 be assumed under the doctrine of resips. 160 00:08:26,990 --> 00:08:28,950 A laquitor. Latin for the thing itself, 161 00:08:28,950 --> 00:08:31,510 speaks particularly in the United States. 162 00:08:31,670 --> 00:08:34,110 A related concept is negligence per sea. 163 00:08:34,539 --> 00:08:37,820 For example, in the business realm, the auditor has a duty of 164 00:08:37,820 --> 00:08:40,460 care to the company they are auditing that the documents 165 00:08:40,460 --> 00:08:43,460 created are a true and reliable representation of the company's 166 00:08:43,460 --> 00:08:46,540 financial position. However, as per ascend of 167 00:08:46,540 --> 00:08:49,060 Finance Corporation Limited versus Pete Marwick 168 00:08:49,060 --> 00:08:52,300 Hungerford's, such auditors do not provide a duty of care to 169 00:08:52,340 --> 00:08:54,340 third parties who rely on their reports. 170 00:08:54,740 --> 00:08:57,500 An exception is where the auditor provides the third party 171 00:08:57,500 --> 00:09:01,100 with a privity letter explicitly stating the third party can rely 172 00:09:01,100 --> 00:09:02,940 on the report for a specific purpose. 173 00:09:03,450 --> 00:09:06,450 In such cases, the privity letter establishes a duty of 174 00:09:06,450 --> 00:09:09,210 care. The case Chapman V Hearse added 175 00:09:09,210 --> 00:09:11,930 to the precedent of negligence. Where in previous cases 176 00:09:11,930 --> 00:09:14,930 reasonable for the ability was applied narrowly to include all 177 00:09:14,930 --> 00:09:18,330 predictable actions, Chapman versus hearse extended this to 178 00:09:18,330 --> 00:09:21,690 include all damages of the same nature which could be reasonably 179 00:09:21,690 --> 00:09:24,210 foreseen. Proximate cause means that you 180 00:09:24,210 --> 00:09:27,090 must be able to show that the harm was caused by the tort you 181 00:09:27,090 --> 00:09:29,810 are suing for. The defense may argue that there 182 00:09:29,810 --> 00:09:32,610 was a prior cause or a superseding intervening cause. 183 00:09:33,070 --> 00:09:36,270 A common situation where a prior cause becomes an issue is the 184 00:09:36,270 --> 00:09:39,430 personal injury car accident where the person reinjures an 185 00:09:39,430 --> 00:09:42,190 old injury. For example, someone who has a 186 00:09:42,190 --> 00:09:44,750 bad back is injured in the back in a car accident. 187 00:09:45,150 --> 00:09:48,950 Years later he is still in pain. He must prove the pain is caused 188 00:09:48,950 --> 00:09:51,830 by the car accident and not the natural progression of the 189 00:09:51,830 --> 00:09:55,470 previous problem with the back. A superseding intervening cause 190 00:09:55,470 --> 00:09:57,230 happened shortly after the injury. 191 00:09:57,710 --> 00:10:00,750 For example, if after the accident, the Doctor Who works 192 00:10:00,750 --> 00:10:03,550 on you commits malpractice and injuries, you further, the 193 00:10:03,550 --> 00:10:06,390 defense can argue that it was not the accident but the 194 00:10:06,390 --> 00:10:08,550 incompetent Doctor Who caused your injury. 195 00:10:08,910 --> 00:10:11,790 Intentional torts. The intentional torts are any 196 00:10:11,790 --> 00:10:14,590 intentional acts that are reasonably foreseeable to cause 197 00:10:14,590 --> 00:10:16,750 harm to an individual and that do so. 198 00:10:17,150 --> 00:10:19,590 Intentional torts have several subcategories. 199 00:10:20,030 --> 00:10:23,150 Torts against the person include assault, battery, false 200 00:10:23,150 --> 00:10:25,630 imprisonment, intentional infliction of emotional 201 00:10:25,630 --> 00:10:29,030 distress, and fraud, although the latter is also an economic 202 00:10:29,030 --> 00:10:31,350 tort. Property torts involve any 203 00:10:31,350 --> 00:10:33,750 intentional interference with the property rights of the 204 00:10:33,750 --> 00:10:36,670 claimant plaintiff. Those commonly recognized 205 00:10:36,670 --> 00:10:39,710 include trespass to land, trespass to chattels, personal 206 00:10:39,710 --> 00:10:43,350 property, and conversion. An intentional tort requires an 207 00:10:43,350 --> 00:10:46,310 overt act, some form of intent, and causation. 208 00:10:46,770 --> 00:10:49,770 In most cases, transferred intent, which occurs when the 209 00:10:49,770 --> 00:10:53,290 defendant intends to injure an individual but actually ends up 210 00:10:53,290 --> 00:10:56,090 injuring another individual, will satisfy the intent 211 00:10:56,090 --> 00:10:59,130 requirement. Causation can be satisfied as 212 00:10:59,130 --> 00:11:02,050 long as the defendant was a substantial factor in causing 213 00:11:02,050 --> 00:11:05,730 the harm. Statutory torts A statutory tort 214 00:11:05,730 --> 00:11:08,930 is like any other in that it imposes duties on private or 215 00:11:08,930 --> 00:11:11,370 public parties. However, they are created by the 216 00:11:11,370 --> 00:11:15,160 legislature, not the courts. For example, the European 217 00:11:15,160 --> 00:11:18,080 Union's Product Liability Directive imposes strict 218 00:11:18,080 --> 00:11:20,800 liability for defective products that harm people. 219 00:11:20,920 --> 00:11:24,000 Such strict liability is not uncommon, although not 220 00:11:24,000 --> 00:11:27,640 necessarily statutory. As another example, in England, 221 00:11:27,640 --> 00:11:30,040 common law liability of a landowner to guests or 222 00:11:30,040 --> 00:11:34,640 trespassers was replaced by the Occupiers Liability Act, 1957. 223 00:11:34,760 --> 00:11:38,670 As similar situation occurred in the US state of California in 224 00:11:38,670 --> 00:11:41,710 which a judicial common law rule established in Roland versus 225 00:11:41,710 --> 00:11:44,710 Christian was amended through a 1985 statute. 226 00:11:45,070 --> 00:11:48,310 Statutory torts also spread across workplace health and 227 00:11:48,310 --> 00:11:50,470 safety laws, and health and safety and food. 228 00:11:50,830 --> 00:11:53,950 In some cases, federal or state statutes may preempt toward 229 00:11:53,950 --> 00:11:57,750 actions, which is particularly discussed in terms of the USFDA 230 00:11:57,750 --> 00:12:00,150 preemption. Although actions in the United 231 00:12:00,150 --> 00:12:03,270 States for medical devices are preempted due to regional versus 232 00:12:03,270 --> 00:12:07,680 Medtronic, incorporated in 2008, actions for medical drugs are 233 00:12:07,680 --> 00:12:11,640 not due to Wyatt versus Levine 2009 nuisance. 234 00:12:12,000 --> 00:12:15,280 Nuisances traditionally used to describe an activity which is 235 00:12:15,280 --> 00:12:18,560 harmful or annoying to others, such as indecent conduct or a 236 00:12:18,560 --> 00:12:21,320 rubbish heap. Nuisances either affect private 237 00:12:21,320 --> 00:12:24,720 individuals, private nuisance or the general public public 238 00:12:24,720 --> 00:12:27,160 nuisance. The claimant can sue for most 239 00:12:27,160 --> 00:12:30,040 acts that interfere with their use and enjoyment of their land. 240 00:12:30,530 --> 00:12:33,970 In English law, whether activity was an illegal nuisance depended 241 00:12:33,970 --> 00:12:36,970 upon the area and whether the activity was for the benefit of 242 00:12:36,970 --> 00:12:40,050 the Commonwealth, with richer areas subject to a greater 243 00:12:40,050 --> 00:12:42,010 expectation of cleanliness and quiet. 244 00:12:42,410 --> 00:12:46,930 The case Jones versus Powell 1629 provides an early example 245 00:12:47,050 --> 00:12:49,930 in which a person's professional papers were damaged by the 246 00:12:49,930 --> 00:12:53,080 vapors of a neighboring brewery. Although the outcome of this 247 00:12:53,080 --> 00:12:56,360 case is unclear, White Lock of the Court of the King's Bench is 248 00:12:56,360 --> 00:12:59,200 recorded as saying that since the water supply in area was 249 00:12:59,200 --> 00:13:02,480 already contaminated, the nuisance was not actionable as 250 00:13:02,480 --> 00:13:04,640 it is better that they should be spoiled than that the 251 00:13:04,640 --> 00:13:07,840 Commonwealth stand in need of good liquor in English law. 252 00:13:08,080 --> 00:13:11,040 A related category of tort liability was created in the 253 00:13:11,040 --> 00:13:14,040 case of Rylands versus Fletcher 1868. 254 00:13:14,530 --> 00:13:17,730 Strict liability was established for a dangerous escape of some 255 00:13:17,730 --> 00:13:21,690 hazard, including water, fire or animals, as long as the cause 256 00:13:21,690 --> 00:13:24,450 was not remote. In Cambridge Water Company 257 00:13:24,450 --> 00:13:29,170 limited the Eastern Counties Leather PLC1994 chemicals from a 258 00:13:29,170 --> 00:13:31,650 factory seat through a floor into the water table, 259 00:13:31,770 --> 00:13:34,250 contaminating E Anglia's water reservoirs. 260 00:13:34,610 --> 00:13:37,170 The Rylands rule remains in use in England and Wales. 261 00:13:37,530 --> 00:13:40,450 In Australian law, it has been merged into negligence, 262 00:13:40,850 --> 00:13:43,620 defamation. Defamation is tarnishing the 263 00:13:43,620 --> 00:13:46,860 reputation of someone. It has two varieties, slander 264 00:13:46,860 --> 00:13:49,660 and libel. Slander is spoken defamation and 265 00:13:49,660 --> 00:13:51,940 libel is printed or broadcast defamation. 266 00:13:52,300 --> 00:13:55,820 The two otherwise share the same features, making a factual 267 00:13:55,820 --> 00:13:58,140 assertion for which evidence does not exist. 268 00:13:58,540 --> 00:14:02,020 Defamation does not affect or hinder the voicing of opinions, 269 00:14:02,140 --> 00:14:05,420 but does occupy the same fields as rights to free speech in the 270 00:14:05,420 --> 00:14:07,820 First Amendment to the Constitution of the United 271 00:14:07,820 --> 00:14:10,900 States or Article 10 of the European Convention of Human 272 00:14:10,900 --> 00:14:13,740 Rights. Related to defamation in the US 273 00:14:14,060 --> 00:14:16,740 are the actions for misappropriation of publicity, 274 00:14:16,860 --> 00:14:20,820 invasion of privacy and disclosure, Abusive process, and 275 00:14:20,820 --> 00:14:24,140 malicious prosecution are often classified as dignitary torts 276 00:14:24,140 --> 00:14:28,580 as, well business torts, main articles, Economic Tort and 277 00:14:28,580 --> 00:14:31,560 Misrepresentation. Business torts i.e. 278 00:14:31,640 --> 00:14:35,360 Economic torts typically involve commercial transactions and 279 00:14:35,360 --> 00:14:38,520 include torches, interference with trade or contract fraud, 280 00:14:38,640 --> 00:14:41,640 injurious falsehood, and negligent misrepresentation. 281 00:14:42,000 --> 00:14:44,720 Negligent misrepresentation torts are distinct from 282 00:14:44,720 --> 00:14:47,920 contractual cases involving misrepresentation in that there 283 00:14:47,920 --> 00:14:50,960 is no privity of contract. These torts are likely to 284 00:14:50,960 --> 00:14:54,040 involve Bureau Economic loss, which has been less commonly 285 00:14:54,040 --> 00:14:57,270 recoverable in tort. One criterion for determining 286 00:14:57,270 --> 00:14:59,390 whether economic loss is recoverable is the 287 00:14:59,390 --> 00:15:02,790 foreseeability doctrine. The economic loss rule is highly 288 00:15:02,790 --> 00:15:07,110 confusing and inconsistently applied, and began in 1965 from 289 00:15:07,110 --> 00:15:10,150 a California case involving strict liability for product 290 00:15:10,150 --> 00:15:14,110 defects. In 1986, the US Supreme Court 291 00:15:14,110 --> 00:15:17,230 adopted the doctrine in East River S S Corporation versus 292 00:15:17,230 --> 00:15:19,070 Transamerica Dilable, Incorporated. 293 00:15:19,570 --> 00:15:22,930 In 2010, the Supreme Court of the US State of Washington 294 00:15:23,050 --> 00:15:25,890 replaced the economic loss doctrine with an independent 295 00:15:25,890 --> 00:15:28,690 duty doctrine. Economic antitrust torts have 296 00:15:28,690 --> 00:15:32,330 been somewhat submerged by modern competition law, However. 297 00:15:32,410 --> 00:15:35,570 In the United States, private parties are permitted in certain 298 00:15:35,570 --> 00:15:38,530 circumstances to sue for anticompetitive practices, 299 00:15:38,610 --> 00:15:42,010 including under federal or state statutes or on the basis of 300 00:15:42,010 --> 00:15:45,530 common law torches, interference which may be based upon the 301 00:15:45,530 --> 00:15:49,920 Restatement. Second of Tort. 766 Federal laws 302 00:15:49,920 --> 00:15:53,400 include the Sherman Antitrust Act of 1890, followed by the 303 00:15:53,400 --> 00:15:56,600 Clayton Antitrust Act, which restrict cartels and, through 304 00:15:56,600 --> 00:15:58,840 Federal Trade Commission, regulate mergers and 305 00:15:58,840 --> 00:16:01,920 acquisitions. In the European Union, Articles 306 00:16:01,920 --> 00:16:05,800 101 and 102 of the Treaty on the Functioning of the European 307 00:16:05,800 --> 00:16:08,760 Union apply, but allowing private actions to enforce 308 00:16:08,760 --> 00:16:10,640 antitrust laws is under discussion. 309 00:16:11,110 --> 00:16:13,990 Negligent misrepresentation is tort, where no contractual 310 00:16:13,990 --> 00:16:18,030 privity exists, was disallowed in England by Dairy VP1889. 311 00:16:18,190 --> 00:16:21,350 However, this position was overturned in Headley Byrne V 312 00:16:21,350 --> 00:16:25,270 Heller in 1964, so that such actions were allowed if a 313 00:16:25,270 --> 00:16:28,030 special relationship existed between the plaintiff and 314 00:16:28,030 --> 00:16:30,430 defendant. United States courts and 315 00:16:30,430 --> 00:16:32,550 scholars paid lip service to dairy. 316 00:16:32,710 --> 00:16:35,910 However, scholars such as William Prosser argued that it 317 00:16:35,910 --> 00:16:37,870 was misinterpreted by English courts. 318 00:16:38,360 --> 00:16:42,320 The case of Ultramares Corporation versus touché 1932 319 00:16:42,440 --> 00:16:45,160 limited the liability of an auditor to known identified 320 00:16:45,160 --> 00:16:48,240 beneficiaries of the audit, and this rule was widely applied in 321 00:16:48,240 --> 00:16:50,640 the United States until the 1960s. 322 00:16:50,960 --> 00:16:54,480 The Restatement Second of torts expanded liability to 323 00:16:54,480 --> 00:16:58,160 foreseeable users rather than specifically identified foreseen 324 00:16:58,160 --> 00:17:01,720 users of the information, dramatically expanding liability 325 00:17:01,720 --> 00:17:04,800 and defecting professionals such as accountants, architects, 326 00:17:04,880 --> 00:17:09,400 attorneys, and surveyors. As of 1989, most US 327 00:17:09,720 --> 00:17:12,359 jurisdictions follow either the ultra mayor's approach or the 328 00:17:12,359 --> 00:17:15,079 restatement approach. The tort of deceit for 329 00:17:15,079 --> 00:17:18,319 inducement into a contract is a tort in English law, but in 330 00:17:18,319 --> 00:17:21,640 practice has been replaced by actions under Misrepresentation 331 00:17:21,640 --> 00:17:25,240 Act, 1967. In the United States, similar 332 00:17:25,240 --> 00:17:28,480 torts existed but have become superseded to some degree by 333 00:17:28,480 --> 00:17:31,040 contract law and the pure economic laws rule. 334 00:17:31,510 --> 00:17:35,270 Historically and to some degree today, fraudulent but not 335 00:17:35,270 --> 00:17:38,630 negligent misrepresentation involving damages for economic 336 00:17:38,630 --> 00:17:41,550 loss may be awarded under the benefit of the bargain rule, 337 00:17:41,710 --> 00:17:45,470 damages identical to expectation damages in contracts which 338 00:17:45,470 --> 00:17:47,910 awards the plaintiff the difference between the value 339 00:17:48,350 --> 00:17:51,910 represented in the actual value, beginning with styles versus 340 00:17:51,910 --> 00:17:55,270 white 1846. In Massachusetts, this rule 341 00:17:55,270 --> 00:17:58,070 spread across the country as a majority rule, with the out of 342 00:17:58,070 --> 00:18:00,230 pocket damages rule as a minority rule. 343 00:18:00,710 --> 00:18:03,110 Although the damages under the benefit of the bargain are 344 00:18:03,110 --> 00:18:06,510 described as compensatory, the plaintiff is left better often 345 00:18:06,510 --> 00:18:09,750 before the transaction. Since the economic loss rule 346 00:18:09,750 --> 00:18:12,870 would eliminate these benefits if applied strictly, there is an 347 00:18:12,870 --> 00:18:15,670 exception to allow the misrepresentation tort if not 348 00:18:15,670 --> 00:18:20,070 related to a contract liability, defenses and remedies. 349 00:18:20,430 --> 00:18:23,870 Indirect liability may arise due to some involvement, notably 350 00:18:23,870 --> 00:18:26,830 through joint and several liability doctrines, as well as 351 00:18:26,830 --> 00:18:30,450 forms of secondary liability. Liability may arise through 352 00:18:30,450 --> 00:18:33,770 enterprise liability. Other concepts include market 353 00:18:33,770 --> 00:18:36,450 share liability, vicarious liability. 354 00:18:36,850 --> 00:18:40,330 In certain cases, a person might be liable for their employer 355 00:18:40,330 --> 00:18:42,930 child under the law of agency through the doctrine of 356 00:18:42,930 --> 00:18:46,570 responded superior. For example, if a shop employee 357 00:18:46,570 --> 00:18:49,450 spilled cleaning liquid on the supermarket floor and a victim 358 00:18:49,450 --> 00:18:52,690 fell and suffered injuries, the plaintiff might be able to sue 359 00:18:52,690 --> 00:18:54,250 either the employee or the employer. 360 00:18:54,710 --> 00:18:57,750 There is considerable academic debate about whether vicarious 361 00:18:57,750 --> 00:19:00,990 liability is justified on no better basis than the search for 362 00:19:00,990 --> 00:19:04,150 a solvent defendant, or whether it is well founded on the theory 363 00:19:04,150 --> 00:19:06,990 of efficient risk allocation defenses. 364 00:19:07,390 --> 00:19:10,310 A successful defense absolves the defendant from full or 365 00:19:10,310 --> 00:19:13,710 partial liability for damages. Apart from proof that there was 366 00:19:13,710 --> 00:19:16,750 no breach of duty, there are three principal defenses to 367 00:19:16,750 --> 00:19:20,130 tortious liability. Typically, a victim cannot hold 368 00:19:20,130 --> 00:19:23,170 another libel if the victim has implicitly or explicitly 369 00:19:23,170 --> 00:19:25,450 consented to engage in a risky activity. 370 00:19:25,850 --> 00:19:29,410 This is frequently summarized by the Maxim Valenti nonfit Injuria 371 00:19:29,490 --> 00:19:32,330 Latin. To a willing person, no injury 372 00:19:32,330 --> 00:19:35,490 is done or no injury is done to a person who consents. 373 00:19:35,850 --> 00:19:39,610 In many cases, those engaging in risky activities will be asked 374 00:19:39,610 --> 00:19:42,490 to sign a waiver, releasing another party from liability. 375 00:19:42,960 --> 00:19:46,040 For example, spectators to certain sports are assumed to 376 00:19:46,040 --> 00:19:49,280 accept a risk of injury, such as a hockey pucker, baseball 377 00:19:49,280 --> 00:19:50,960 striking a member of the audience. 378 00:19:51,360 --> 00:19:54,160 Warnings by the defendant may also provide a defense, 379 00:19:54,160 --> 00:19:56,840 depending upon the jurisdiction in circumstances. 380 00:19:57,160 --> 00:20:00,440 This issue arises, for example, in the duty of care that 381 00:20:00,440 --> 00:20:03,760 landowners have for guests or trespasses known as occupiers 382 00:20:03,760 --> 00:20:06,440 liability. If the victim has contributed to 383 00:20:06,440 --> 00:20:09,160 causing their own harm through negligent or irresponsible 384 00:20:09,160 --> 00:20:12,560 actions, the damages may be reduced or eliminated entirely. 385 00:20:12,940 --> 00:20:16,460 The English case Butterfield versus Forrester 1809 386 00:20:16,660 --> 00:20:20,100 established this defense. In England, this contributory 387 00:20:20,100 --> 00:20:22,180 negligence became a partial defense. 388 00:20:22,260 --> 00:20:25,540 But in the United States, any fault by the victim completely 389 00:20:25,540 --> 00:20:28,620 eliminated any damages. This meant that if the plaintiff 390 00:20:28,620 --> 00:20:31,940 was 1% at fault, the victim would lose the entire lawsuit. 391 00:20:32,390 --> 00:20:35,590 This was viewed as unnecessarily harsh and therefore amended to a 392 00:20:35,590 --> 00:20:38,030 comparative negligence system in many states. 393 00:20:38,190 --> 00:20:42,030 As of 2007, contributory negligence exists in only a few 394 00:20:42,030 --> 00:20:44,550 states such as North Carolina and Maryland. 395 00:20:44,910 --> 00:20:48,190 In comparative negligence, the victims damages are reduced 396 00:20:48,190 --> 00:20:49,590 according to the degree of fault. 397 00:20:49,950 --> 00:20:52,790 Comparative negligence has been criticized as allowing A 398 00:20:52,790 --> 00:20:57,230 plaintiff who is recklessly 95% negligent to recover 5% of the 399 00:20:57,230 --> 00:21:00,120 damages from the defendant. Economists have further 400 00:21:00,120 --> 00:21:02,920 criticized comparative negligence is not encouraging 401 00:21:02,920 --> 00:21:05,200 precaution under the calculus of negligence. 402 00:21:05,560 --> 00:21:09,120 In response, many states now have a 50% rule where the 403 00:21:09,120 --> 00:21:12,400 plaintiff recovers nothing if the plaintiff is more than 50% 404 00:21:12,400 --> 00:21:15,000 responsible. If the claimant is involved in 405 00:21:15,000 --> 00:21:17,560 wrongdoing at the time the alleged negligence occurred, 406 00:21:17,680 --> 00:21:20,640 this may extinguish or reduce the defendants liability. 407 00:21:21,000 --> 00:21:24,760 The legal maxim X Turby Casa Nonorder Act show Latin for no 408 00:21:24,760 --> 00:21:27,640 right of action arises from a despicable cause. 409 00:21:28,110 --> 00:21:31,430 Thus, if a burglar is verbally challenged by the property owner 410 00:21:31,430 --> 00:21:34,790 and sustains injury when jumping from a second story window to 411 00:21:34,790 --> 00:21:38,030 escape apprehension, there is no cause of action against the 412 00:21:38,030 --> 00:21:40,790 property owner, even though that injury would not have been 413 00:21:40,790 --> 00:21:42,830 sustained. But for the property owners 414 00:21:42,830 --> 00:21:46,470 intervention, further information, sovereign Immunity, 415 00:21:46,550 --> 00:21:49,030 Good Samaritan Law, and charitable immunity. 416 00:21:49,490 --> 00:21:52,690 Historically, immunity has been granted to governments under 417 00:21:52,690 --> 00:21:55,490 sovereign immunity and to charitable organizations under 418 00:21:55,490 --> 00:21:58,410 charitable immunity, although these have eroded in the United 419 00:21:58,410 --> 00:22:00,970 States. Various laws limit liability 420 00:22:00,970 --> 00:22:02,690 when giving aid to a person in need. 421 00:22:02,810 --> 00:22:05,730 Liability can arise from a failure to help due to the duty 422 00:22:05,730 --> 00:22:09,490 to rescue remedies. The main remedy against torcious 423 00:22:09,490 --> 00:22:12,530 losses, compensation, and damages, their money and a 424 00:22:12,530 --> 00:22:15,770 limited range of cases. Tort law will tolerate selfhelp, 425 00:22:15,890 --> 00:22:18,570 such as reasonable force to expel a trespasser. 426 00:22:19,020 --> 00:22:21,180 This is a defense against the TORTO battery. 427 00:22:21,540 --> 00:22:24,740 Further, in the case of a continuing tort, or even where 428 00:22:24,740 --> 00:22:27,780 harm is merely threatened, the courts will sometimes grant an 429 00:22:27,780 --> 00:22:30,620 injunction, such as in the English case Miller versus 430 00:22:30,620 --> 00:22:34,660 Jackson 1977. This means a command for 431 00:22:34,660 --> 00:22:37,580 something other than money by the court, such as restraining 432 00:22:37,580 --> 00:22:39,060 the continuance or threat of harm. 433 00:22:39,540 --> 00:22:42,780 Usually injunctions will not impose positive obligations on 434 00:22:42,780 --> 00:22:46,380 tort visas, but some Australian jurisdictions can make an order 435 00:22:46,380 --> 00:22:49,060 for specific performance to ensure that the defendant 436 00:22:49,060 --> 00:22:51,780 carries out their legal obligations, especially in 437 00:22:51,780 --> 00:22:55,540 relation to nuisance matters. Relationship to contract law. 438 00:22:55,980 --> 00:22:59,020 Tort is sometimes viewed as the causes of action, which are not 439 00:22:59,020 --> 00:23:02,420 defined in other areas, such as contractor fiduciary law. 440 00:23:02,930 --> 00:23:06,450 However, toward and contract law are similar in that both involve 441 00:23:06,450 --> 00:23:09,250 A breach of duties, and in modern law these duties have 442 00:23:09,250 --> 00:23:12,450 blurred and it may not be clear whether an action sounds in tort 443 00:23:12,450 --> 00:23:15,770 or contract if both apply and different standards apply for 444 00:23:15,770 --> 00:23:18,170 each, such as a statute of limitations. 445 00:23:18,530 --> 00:23:20,530 Courts will determine which is the gravamen. 446 00:23:20,610 --> 00:23:23,610 The most applicable circumstances, such as those 447 00:23:23,610 --> 00:23:26,290 involving professional negligence, may involve both 448 00:23:26,290 --> 00:23:29,320 torts and contracts. The choice may affect time 449 00:23:29,320 --> 00:23:33,000 limits or damages, particularly given that damages are typically 450 00:23:33,000 --> 00:23:36,640 relatively limited in contract cases, while in tort cases 451 00:23:36,720 --> 00:23:40,320 noneconomic damages such as pain and suffering may be awarded. 452 00:23:40,680 --> 00:23:44,000 Punitive damages are relatively uncommon in contractual cases 453 00:23:44,000 --> 00:23:47,360 versus tort cases. However, compensation for 454 00:23:47,360 --> 00:23:50,680 defective but not unsafe products is typically available 455 00:23:50,680 --> 00:23:53,360 only through contractual actions through the law of warranty. 456 00:23:53,820 --> 00:23:56,220 In the United Kingdom, plaintiffs and professional 457 00:23:56,220 --> 00:23:59,460 negligence cases has some degree of choice in which law, while in 458 00:23:59,460 --> 00:24:01,980 commercial transactions, contract law applies. 459 00:24:02,060 --> 00:24:05,220 In unusual cases, intangible losses have been awarded in 460 00:24:05,220 --> 00:24:08,660 contract law cases. The English case Hadley versus 461 00:24:08,660 --> 00:24:12,860 Baxendale 1854, which was adopted in the United States, 462 00:24:12,940 --> 00:24:16,660 split contract and tort damages by foreseeability of the damages 463 00:24:16,660 --> 00:24:20,200 when the contract was made in the United States, the pure 464 00:24:20,200 --> 00:24:23,280 economic loss rule was adopted to further prevent negligence 465 00:24:23,280 --> 00:24:25,640 lawsuits in breach of contract cases. 466 00:24:25,960 --> 00:24:29,160 This economic loss rule was adopted by the Supreme Court of 467 00:24:29,160 --> 00:24:31,720 the United States. East River Steamship Corporation 468 00:24:31,720 --> 00:24:36,240 V Transamerica de Laval incorporated 1986 and expanded 469 00:24:36,240 --> 00:24:38,920 across the country in a nonuniform manner, leading to 470 00:24:38,920 --> 00:24:41,800 confusion. Among other examples, the tort 471 00:24:41,800 --> 00:24:44,760 of insurance, bad faith arises out of a contractual 472 00:24:44,760 --> 00:24:47,760 relationship, and collateral torts, such as wrongful 473 00:24:47,760 --> 00:24:50,480 dismissal, involving possible overlap with labor law 474 00:24:50,480 --> 00:24:52,840 contracts, overlap with criminal law. 475 00:24:53,280 --> 00:24:55,640 There is some overlap between criminal law and tort. 476 00:24:56,000 --> 00:24:59,080 For example, in English law and assault is both a crime and a 477 00:24:59,080 --> 00:25:01,360 tort, a form of trespass to the person. 478 00:25:01,830 --> 00:25:05,430 A tort allows a person, usually the victim, to obtain a remedy 479 00:25:05,430 --> 00:25:08,590 that serves their own purposes, for example by the payment of 480 00:25:08,590 --> 00:25:12,190 damages to a person injured in a car accident or the obtaining of 481 00:25:12,190 --> 00:25:15,070 injunctive relief to stop a person interfering with their 482 00:25:15,070 --> 00:25:17,390 business. Criminal actions, on the other 483 00:25:17,390 --> 00:25:20,750 hand, are pursued not to obtain remedies to assist a person, 484 00:25:20,870 --> 00:25:23,750 although often criminal courts do have power to grant such 485 00:25:23,750 --> 00:25:26,790 remedies, but to remove their liberty on the state's behalf. 486 00:25:27,270 --> 00:25:30,390 This explains why incarceration is usually available as a 487 00:25:30,390 --> 00:25:34,470 penalty for serious crimes, but not usually for torts, an early 488 00:25:34,470 --> 00:25:36,710 common law. The distinction between crime 489 00:25:36,710 --> 00:25:39,830 and tort was not distinct. The more severe penalties 490 00:25:39,830 --> 00:25:42,870 available in criminal law also means that it requires a higher 491 00:25:42,870 --> 00:25:45,470 burden of proof to be discharged than the related tort. 492 00:25:45,830 --> 00:25:49,590 For example, in the OJ Simpson murder trial, the jury was not 493 00:25:49,590 --> 00:25:52,940 convinced beyond reasonable doubt that OJ Simpson had 494 00:25:52,940 --> 00:25:56,260 committed the crime of murder. But in a later civil trial, the 495 00:25:56,260 --> 00:25:59,420 jury in that case decided that there was sufficient evidence to 496 00:25:59,420 --> 00:26:01,820 meet the standard of preponderance of the evidence 497 00:26:01,820 --> 00:26:03,860 required to prove the tort of wrongful death. 498 00:26:04,260 --> 00:26:08,420 Many jurisdictions, especially the US, retain punitive elements 499 00:26:08,420 --> 00:26:12,060 and tort damages, for example in antitrust and consumer related 500 00:26:12,060 --> 00:26:15,020 torts, making tort blurred line with criminal acts. 501 00:26:15,470 --> 00:26:18,430 Also, there are situations where, particularly if the 502 00:26:18,430 --> 00:26:21,390 defendant ignores the orders of the court, a plaintiff can 503 00:26:21,390 --> 00:26:24,310 obtain A punitive remedy against the defendant, including 504 00:26:24,310 --> 00:26:26,950 imprisonment. Some torts may have a public 505 00:26:26,950 --> 00:26:30,470 element, for example public nuisance, and sometimes actions 506 00:26:30,470 --> 00:26:32,550 in tort will be brought by a public body. 507 00:26:32,950 --> 00:26:36,310 Also, while criminal law is primarily punitive, many 508 00:26:36,310 --> 00:26:39,590 jurisdictions have developed forms of monetary compensation 509 00:26:39,590 --> 00:26:42,670 or restitution, which criminal courts can directly order the 510 00:26:42,670 --> 00:26:46,500 defendant to pay to the victim. The content used in the podcast 511 00:26:46,500 --> 00:26:49,780 is licensed by the Wikimedia Foundation, Incorporated under a 512 00:26:49,780 --> 00:26:53,140 Creative Commons Attribution Share a Like license. 513 00:26:53,900 --> 00:26:56,020 The text has been modified for audio. 514 00:26:56,780 --> 00:27:00,500 The content of these podcasts is for informational purposes only 515 00:27:00,500 --> 00:27:02,980 and do not constitute professional advice. 516 00:27:03,740 --> 00:27:06,700 These podcasts are not associated with the Wikimedia 517 00:27:06,700 --> 00:27:11,020 Foundation in any context. The content of this podcast was 518 00:27:11,020 --> 00:27:16,280 last edited on March 29th, 2020. Hi, this is Annie from of 519 00:27:16,280 --> 00:27:18,480 Wassamone. You're listening to a Creative 520 00:27:18,480 --> 00:27:20,200 Commons Licensed podcast.