Tort Law

American Tort Law Case: (Where American Tort Law differs from British Tort Law)

Fighting Dogs: Brown v Kendall

Kendall took a ling stick and began beating the dogs, Brown stood aside hitting the dogs, he didnt see
how close he was and caused severe injury to Brown.

Tort law is a response to injuries caused and allows the injured to seek monetary compensation from those
who caused the injury.

Brown wanted money, Kendall didnt think he deserved it. Brown brought a tort action, Brown was the
plaintiff and Kendall the defendant in an adversarial court case.

Case of Thorns: Common Law Rule of Strict liability

A man trimming hedges between his land and his neighbors land crosses into his neighbors land to pick
up branches and bends over to clean up some fallen branches, he was found civilly liable for trespass.

The ways Tort Law differs from other forms of Law.

Tort law is a response to the problem of injury

Contract law arises from mutual agreements

Property law regulates ownership

Criminal law penalizes wrongful actions on behalf of the public

Tort Action is a civil lawsuit based on a claim that someone has violated judge-made rules or closely-
related civil statutes that serve as a precedent and authority for adjudicating private disputes. They usually
seek money to compensate for the harm done.

In Tort Law both parties hire their own lawyers, and expert witnesses in order to persuade judge and jury.
The jury is made out of non-barristers; ordinary people.

Corrective Justice

Placing injured person in the situation before the injury. This is what Tort Law is based on. American law
is a fault based system; the person must show that they were at fault. And theyre only at fault if they
acted intentionally or negligently. You are negligent when you do not use the ordinary care or prudence in
a particular situation. ]
 Reasons for Tort Liability

1. Compensating victims of injury

2. Deterring dangerous behavior
3. Punishing recklessness and malice
4. Forcing businesses to internalize their costs

Preference for imposing liability only where someone is at fault; numerous exceptions. Liability is
importance, and can be assigned without fault for policy reasons.

Three main categories of Tort Liability

1. Intentional
2. Negligent
3. Defective consumer products or dangerous activities

Contributory Negligence Rule

Prevents an adult whose carelessness helped cause an accident from recovering in a lawsuit for accidental
injury.