Torts

Torts are not like contracts. In a tort there is no underlying agreement that establishes the rights and responsibilities between two parties.

Torts are the act of omission (failure to do something) or the act of commission (doing something you should not) that causes harm.

They are informal occurrences that deal with wrongs or injuries inflicted upon one party by another, outside of the context of a formal relationship or contract. Therefore, the liability does not come from an agreed upon set of rights and responsibilities such as those defined in a contract, but rather from the law itself. In torts, the parties involved are strangers according to the law. The only reason they are brought together is the misfortune which resulted in the tort action. For example, I may not have very much to do with my neighbor until my son puts a rock through her bay window.

Examples of torts could include:

• Susan is struck by a reckless driver and suffers a loss of income because she can not attend work due to injuries.
• The city fails to care properly for a public swing set and a child is injured as a result.

Activity

Read over the attachment entitled: What is a Tort? Then respond to the following questions: Define the term "tort". Define the legal term "damages". How can a tort and a crime be two different things? Explain how the decisions in tort law situations are made. What is it that a tort attempts to accomplish? Pick one of the two examples of torts from the reading above. Identify: Was there an agreement between the two? Was it a formal or informal relationship? Will the liability be defined by an agreed upon set of responsibilities or from the law itself? What brought the two parties together? Construct a chart that shows the differences between contracts and torts.

Torts fall within three categories of subdivision. They include:

• negligence
• intentional torts
• strict liability

	Reflection
	1. Why do we not sue someone each time that we have been wronged? For example: Why do I not sue the dry cleaner for ruining my blouse? 2. What is the relationship between tort law and violence in sports? 3. What factors do the courts consider when awarding damages for pain and suffering?