Torts

When you are damaged by the wrongful act of another, the common law may provide redress by a civil action in tort.

Civil wrongs and criminal wrongs. There are other kinds of redress when you have been wronged. If the perpetrator has committed a crime, then of course the state may choose to prosecute. A criminal case is brought by the State against a defendant to redress a wrong against the state, such as burglary or driving while intoxicated. It seeks criminal penalties, such as a fine, probation, or imprisonment. 
A action in tort is different: a private party (the plaintiff) brings an action in tort against the wrongdoer (the defendant) to obtain fair compensation for damages suffered as a result of the tort. 

Statutory Protections. The last century has witnessed a growth in the number of civil wrongs for which a statutory remedy has been provided. Civil rights laws, consumer fraud and consumer protection statutes, environmental statutes, for example, all provide new civil remedies to aggrieved citizens against alleged wrongdoers. Many of the old common law principles apply to these statutes, but some do not. The law of torts must be considered a related, but separate, area of the law. 

Common Law Torts. An action in tort, then, provides a civil common law action in damages for a certain kinds of wrongs. The law of torts provides damages for two primary kinds of wrongs, intentional wrongs and negligence. Examples of intentional torts include assault (the threat of bodily harm), battery (unexcused physical harm), trespass to property, libel and slander, intentional infliction of mental distress, and false imprisonment. Examples of negligence claims include automobile accident, medical and attorney malpractice, dramshop, and some products liability claims. 

Next Frames. In the next frames, you may review the basic principles applicable to these two branches of tort law.