Public Injury Public Injury vs. vs.

Public OffensesPublic Offenses

Section 5-1Section 5-1

How Do Crimes and Torts Differ?How Do Crimes and Torts Differ? A A crimecrime is an offense against society. It is an offense against society. It

is a public wrong.is a public wrong. A A torttort is a private or civil wrong. It is an is a private or civil wrong. It is an

offense against an individual. If offense against an individual. If someone commits a tort, the person someone commits a tort, the person injured can sue and obtain a judgment injured can sue and obtain a judgment for damages.for damages.

An act can be both a crime and a tort. An act can be both a crime and a tort. Example: Reckless driving resulting in Example: Reckless driving resulting in an accident.an accident.

To support his family and still pursue a To support his family and still pursue a college education, JJ worked for a delivery college education, JJ worked for a delivery service from 3:30 a.m. until his college service from 3:30 a.m. until his college classes began at 9 every weekday classes began at 9 every weekday morning. He coached basketball after morning. He coached basketball after classes. Returning home each evening, he classes. Returning home each evening, he would care or his kids until 10 p.m. when would care or his kids until 10 p.m. when his wife finished work. Early one morning, his wife finished work. Early one morning, JJ fell asleep while driving his delivery JJ fell asleep while driving his delivery truck and crashed into an oncoming car. truck and crashed into an oncoming car. JJ and the other driver, Shirley, were JJ and the other driver, Shirley, were seriously injured and the vehicles were seriously injured and the vehicles were totaled.totaled.Is this a criminal or a civil wrong or both?Is this a criminal or a civil wrong or both?

JJ committed a crime against society— the crime of reckless driving. Police will investigate the crime and then give him a ticket or possibly arrest him. A county or district attorney will prosecute him in a criminal trial. If convicted he may be fined or jailed.

JJ also committed a tort by injuring Shirley and her property. She may bring a civil suit against him. If she wins, Shirley can obtain a judgment against JJ as compensation for her injuries.

Elements of a TortElements of a Tort

1.1. Duty-a legal obligation to do somethingDuty-a legal obligation to do something2.2. Breach of Duty- a violation of the dutyBreach of Duty- a violation of the duty3.3. Injury- a harm that is recognized by lawInjury- a harm that is recognized by law4.4. Causation- proof that the breach of duty Causation- proof that the breach of duty

caused the injurycaused the injury

There are many specific torts, but there are certain elements that are common to all of them.

Elements of a Tort:Elements of a Tort:1. Duty1. Duty

The following are the duties created by law:The following are the duties created by law:1.1. The The dutyduty not to injure another (bodily injury, not to injure another (bodily injury,

injury to one’s reputation, invasion of one’s injury to one’s reputation, invasion of one’s privacy).privacy).

2.2. The The duty not to interfere with the property not to interfere with the property rights of others, such as trespassing.rights of others, such as trespassing.

3.3. The The dutyduty not to interfere with the economic not to interfere with the economic rights of others, such as the right to contract.rights of others, such as the right to contract.

Elements of a Tort:Elements of a Tort:2. Violation/Breach of Duty2. Violation/Breach of Duty

Whether a breach of duty occurred is Whether a breach of duty occurred is almost always a question of fact for a jury almost always a question of fact for a jury to decide.to decide.

Some torts require intent (intentional torts) Some torts require intent (intentional torts) and some do not require intent and some do not require intent (negligence).(negligence).

Elements of a Tort:Elements of a Tort:3. Injury3. Injury

Injury must be proved. If someone Injury must be proved. If someone is acting recklessly, but no one is is acting recklessly, but no one is injured, there is NO tort.injured, there is NO tort.

Elements of a Tort:Elements of a Tort:4. Causation4. Causation

There must be proof There must be proof that violating the duty is that violating the duty is what caused the injury.what caused the injury.

Proximate cause- exists Proximate cause- exists when it is reasonably when it is reasonably foreseeable that a foreseeable that a breach of duty will result breach of duty will result in an injury.in an injury.

On a windy autumn day, Mason was burning dry leaves in his backyard. When he went inside to answer a telephone call, flames from the fire leaped to the next door neighbor’s fence and then to a tool shed where a small can of gasoline exploded. Soon the neighbor’s house was ablaze, and it burned to the ground.

Did Mason commit a tort?

What’s Your Verdict?

Did Mason Commit a Tort?

YES!!1. Duty: he owed a duty to the neighbors not to injure

their property

2. Violation: he breached the duty when he left the fire unattended so it spread to the neighbor’s property

3. Injury: the injury occurred when the neighbor’s house was burned

4. Causation: leaving the fire unattended was a proximate cause of the loss of the fence

Responsibility for Another’s Torts•With few exceptions, all persons, including minors, are liable for their conduct and are therefore liable for their torts.

•Children and insane persons may be held liable for injuring others.

•When one person is liable for the torts of another it is called vicarious liability.

For example, parents may be held liable if they give their children guns or other dangerous materials without proper instruction.

•Strict liability is a kind of tort that involves neither intent nor carelessness.