Law of Torts

The legal system in the United States is a common-law system with civil law and criminal law components. The civil-law component of the US common-law system should not be confused with the civil-law system, which is a separate system of law originating in ancient Rome and adopted by most European countries. The US common-law system includes different procedures for redressing civil-law violations (e.g., the law of tort, contract, agency, employment, divorce, and business organizations) than for redressing criminal-law violations (e.g., larceny, murder, rape, and robbery).

Tort law, an important component of civil law within the US common-law system, generally encompasses situations where an individual’s conduct causes harm to another. A tort is literally translated from French as a wrong. These wrongs give rise to claims in court, when a specific statutory or common-law tort is committed. When a tort is committed, one may seek monetary compensation (damages) for the tort in court.

Tort law may be divided into three broad categories of tort: intentional torts, negligence, and strict liability torts. Intentional torts generally require that one “intended” to cause the consequences of the act. That is, one must have intended to perform the act that caused harm to another. Negligence generally requires that one be at fault for committing the act. Negligence theory underlies many personal-injury actions, such as car accidents. Strict liability torts require neither intent nor fault; simply causing harm to an individual while performing one of an enumerated list of strict liability torts gives rise to damages (even if a person did not intend the act and was not at fault for it).

Intentional torts often have counterparts within criminal law. For example, if Joe strikes Dave across the face with a stick, Joe may be liable for a civil battery and a criminal battery. The civil action for battery may result in Dave receiving compensation for the harm done to him, including costs of medical bills, pain and suffering, and compensation for work missed while in the hospital. Simultaneously, a criminal action may be brought against Dave for a criminal battery. The criminal action is not about compensation, but instead is about punishing Joe for committing a crime. Punishments for the crime may include jail time, fines (paid to the government), and community service.

Although some intentional torts have criminal counterparts, not all do. In some cases, a wrong against an individual is merely a civil wrong and has no criminal repercussions. Certain defamation claims, for example, may result in compensation but have no criminal counterpart, so will not result in a correlative criminal action. One very famous incident involving both civil and criminal claims is that of O.J. Simpson, who was tried criminally and found not guilty. However, O.J. Simpson was found civilly liable to the family members of the deceased and had to pay those families millions in compensation for the civil wrongs.

Check Your Knowledge

Choose the best answer to each question.

Question 1

Which of the following is the key characteristic of a common law system (the answer being the central feature that distinguishes it from a civil law system)?

Common law systems use juries.

Common law systems utilize judges to interpret the law.

Common law systems abide by precedent.

Common law systems are rooted in Europe.

Incorrect. Although common law systems employ juries for qualifying cases, so do many civil law systems.

Incorrect. Although common law systems utilize judges to interpret the law, so do civil law systems.

Correct. The system of precedent is the key characteristic that distinguishes common law systems from civil law systems. The concept of precedent is adopted solely by common law countries. It holds that decisions of higher courts—in a jurisdiction—bind the lower courts within the same jurisdiction. This is often referred to as stare decisis (or, to stand by one's decisions). In civil law systems, previous court decisions may be influential on subsequent ones, but they are not binding.

Incorrect. Both the common law and civil law systems are rooted in different European traditions. The common law system comes primarily from England, and the civil law system comes primarily from Rome, Italy.

Question 2

Which of the following is NOT a type of tort?

intentional tort

breach of contract

negligence

strict liability

Incorrect. Intentional tort is a type of tort that requires a finding of "intent" by the wrongdoer.

Correct. Breaches of contract—even though they are civil actions within the US common law systems—are not categorized as a type of tort.

Incorrect. Negligence is type of tort that requires a finding of "fault" by the wrongdoer.

Incorrect. Strict liability is a type of tort that requires neither a finding of "fault," nor "intent" by the wrongdoer. Simply by engaging in certain activities and causing harm to another, one may be held strictly liable.

Question 3

Which of the following is the most accurate statement of the relationship between torts and crimes?

Some torts also involve correlative crimes, but not all torts involve correlative crimes.

All torts involve correlative crimes.

No torts involve correlative crimes.

Torts may be considered a branch of crimes.

Correct. Torts are a category of civil law within the US common law system. Crimes fall within criminal law within the US common law system. Although some torts, such as civil battery, also have correlative crimes—like criminal battery—not all torts have correlative crimes.

Incorrect. Defamation is an example of a type of tort that rarely, if ever, involves a correlative crime.

Incorrect. Some torts—such as a civil battery—do involve correlative crimes, such as a criminal battery.

Incorrect. Torts are a category of civil law within the US common law system. Crimes fall within criminal law within the US common law system. Neither may, at the present time, be considered a branch of the other—although, historically they are both rooted in English common law.

Question 4

Which of the following is NOT a type of invasion of privacy?

disclosure of private information

use of name of likeness

invade physical solitude

defamation

Incorrect. The unauthorized disclosure of certain private information is a type of invasion of privacy. Disclosure of highly-objectionable, private information about someone may be an invasion of that person's privacy. Generally, the information must be obtained by an individual who owes a duty of confidentiality to the individual whose rights are violated. In some cases, the information must be obtained without the person's consent.

Incorrect. The unauthorized use of a name or likeness is a type of invasion of privacy. Individuals have a property interest in their name and physical image. As such, appropriating an individual's name, or likeness, for business use without her consent violates her property rights.

Incorrect. The unauthorized invasion of physical solitude is a type of invasion of privacy. Individuals have an expectation of privacy in their home, and within other personal spaces. Viewing or monitoring such places is an invasion on the individual's physical solitude.

Correct. Although defamation is very similar to certain invasions of privacy, it is actually a separate tort involving the publication of an untrue statement about another that subjects that individual's character or reputation to contempt or ridicule.

Question 5

Which of the following torts involves a non-party to a contract knowingly inducing a party to the contract to fail to honor or breach the agreement?

interference with prospective advantage

disparagement

interference with contractual relations

wrongful appropriation of business interests

Incorrect. Interference with prospective advantage entails a situation in which there is a business relationship between the plaintiff and a third party. The defendant then acts in a way intended to disrupt the relationship. This conduct is done not for personal advantage but with the purpose of harming the plaintiff. The plaintiff may bring an action to recover the losses or damages sustained.

Incorrect. Disparagement is an untrue statement about someone's business acumen, product, or service. This tort may be addressed as defamation. However, some states lack a statute, or common law, protecting commercial rights against defamatory statements.

Correct. Interference with contractual relations often arises when one company raids another for employees. The raiding company knowingly induces employees to breach their employment contracts with their current employer.

Incorrect. Wrongful appropriation of business interests arises when a fiduciary breaches the duty of loyalty and appropriates someone else's intellectual property rights, such as patent, trademark, copyright, trade secret, or good will.

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Licenses and Attributions

Business Law: An Introduction, by TheBusinessProfessor.com, Jason M. Gordon & Colleagues has been adapted with permission from Jason M. Gordon. © Business Professor, LLC.