Functions During a Tort Litigation
The Judge Decides Issues of Law
The Jury Decides Questions of Fact
The elements of the defense
Legal consequences of what happened
Application of legal rules
The damages suffered by the plaintiff
Table 6.1
Harm
Two types of torts are intentional torts and negligence. Intentional torts occur as the result of a conscious
and purposeful act. Negligence occurs when an individual does not exercise duty of care. Torts are acts or
omissions that result in injury or harm to an individual in such a way that it leads to a civil wrong that occurs
as liability (WEX, n.d.). In tort law, harm can be defined as a loss or disadvantage suffered as a result of the
actions or omissions of another (WEX, n.d.). This loss can be physical harm, such as slipping and falling on a
wet floor, or personal property harm, such as allowing water to ruin furniture. The damage is the result of
what someone else did, or did not do, either intentionally or based on a lack of reasonable care.
There are two basic elements to torts: damages and compensation (Laws, tort.laws.com). Tort law acts to
compensate persons who have suffered damages at the hands of another (Baime, 2018). Tort law determines
the legal responsibility of the defendant and the value of the harm. Different types of torts look at different
types of circumstances.
Intentional Torts
Intentional torts are committed by an offender who understands that he or she is committing a tort. Intent
does not always equate to directly causing an end result. In some cases, the intent may be something else,
such as the possession of knowledge that some harm may occur. The harm may result from intentional action,
or due to some circumstance that the offender feels will be excusable (Kionka, 2013).
Some circumstances that could allow the defendant to argue that the action is excusable would include:
permission by the injured party, or defense of property, self, or another person (Kionka, 2013). If the injured
party agrees to allow the defendant to juggle knives and one slips and causes harm, the action might be
excusable to some extent. If a defendant caused harm to the plaintiff’s car while trying to avoid being hit by
the car, it would likely be excusable.
Different types of intentional torts are based on different circumstances and face different remedies, or
means of recovering losses (Baime, 2018):
•
Assault is an intentional tort that occurs when an individual has a reasonable apprehension of an
intentional act that is designed to cause harm to himself or herself, or to another person.
•
Malicious prosecution occurs when an individual files groundless complaints to initiate a criminal matter
against another.
•
Defamation occurs when an individual intentionally creates and promotes malicious falsehoods about
another. Defamation can occur in two ways: slander and libel. Slander is, in effect, when falsehoods are
spoken. Libel occurs when falsehoods are expressed in written or other recorded forums.
Chapter 6 The Tort System
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