Torts
Generally, torts are civil wrongs other
than breach of contract for which the court will provide a remedy in the form
of an action for damages. The primary purpose of a tort action is to exact
compensation from the wrongdoers. Injuries may range from some physical harm to
a person's body or property, to some intangible harm done to a person's
reputation or peace of mind. The unreasonable behavior may be intentional,
negligent, or just abnormally dangerous. It may be an act of commission or an
act of omission. Thus, torts encompass a wide variety of complaints.
Tort law judges the conduct of each
defendant by the standard of the behavior of a reasonable person. The
reasonable person is a model of good judgment who is nonetheless susceptible to
normal human weaknesses. This standard embodies the community consensus about
socially acceptable behavior, which changes with society and the demands of new
technologies. This flexibility allows the courts to recognize new causes of
action. For business, this means that the courts can, at any time, elevate what
previously was an ethical responsibility to the status of a legal
responsibility. For example, tort law governs product liability-an area of law
that has transformed business.
There are three types of torts:
intentional torts, torts of negligence, and strict liability torts. Intentional
torts involve the deliberate conduct of one person that results in an injury to
another. Assault, battery, libel, slander, and invasion of privacy are all
intentional torts. Negligent torts focus on acts of carelessness. Typical
negligence cases involve automobile accidents and malpractice claims against
doctors. Strict tort liability, the newest area of tort law, assigns liability,
regardless of fault, as a matter of social policy. Thus, companies carrying out
abnormally dangerous activities, such as blasting with explosives, are responsible
for any injuries that result, no matter how careful they have been. Drug
manufacturers may also be strictly liable for harmful side effects of their
products.
There are standard defenses to each of
those torts which bar recovery. Thus defendants to intentional torts may (1)
claim immunity from liability based on a
conditional or absolute privilege granted by law, (2) argue that the
plaintiff consented to the activity, or (3) claim that they were acting in
self-defense- Defendants in negligence cases may argue that the plaintiff's own
negligence contributed to the injury or that the defendant knowingly assumed
the risks involved
Many torts are of special interest to
business. In an increasingly litigious society, customers, colleagues, and
other businesses are more likely to sue when they feel that they have been
injured. The possibility of financial compensation is a potent lure. Companies,
which are perceived as both impersonal and wealthy are often the object of tort
suits. Businesses are at risk for insulting customers defaming employees in
internal memos, or restricting the movements of suspected shoplifters. Tort
law, however, can also provide a remedy for businesses that are injured, for
example, by negligent accountants or slanderous competitors
