Lecture 1 Torts Law
I. DEFINITION: A tort is a civil wrong beyond a breach of contract for which the law provides redress.
A. The law of torts focuses on private right of redress. The aggrieved party sues in tort to recover damages for the harm caused by her defendant. Contrast this to criminal law where the State, through government-employed prosecutors, pursues the action and extracts the punishment.
B. LAWS come from 3 sources:
i. Constitution ii. Statutory Law iii. Jurisprudential (or common law)
TORT LAW comes primarily from what type of law? Jurisprudential
C. These tortuous wrongs can take various forms:
i. Personal injury or death ii. Harm to property iii. Interference with other protectable interests such as the right to be free from unwarranted invasions of privacy.
II. Samples
A. The plaintiff, Betty England, was employed by S&M Foods, Inc. at its Dairy Queen restaurant in Tallulah, Louisiana when the incident occurred. Larry Garley was the manager of this restaurant. Garley became upset when several hamburgers were incorrectly prepared resulting in them being returned by the customer who had ordered them. Garley allegedly expressed his satisfaction by using profane language and throwing a hamburger which hit plaintiff on the leg.
Intentional Tort
B. This suit arose from the unfortunate events of Halloween night in 1981. Jeffrey Scott Trammel, aged 15, Robert Martin Landry, Jr. aged 133, and Daniel Breaux, aged 13, went trick-or-treating that evening. About 6:30 p.m., Trammel and Breaux rang Robert Bouton’s (plaintiff) front door bell while Landry waited at the sidewalk. Plaintiff opened the door and saw Breaux standing before him. Breaux was dressed military fatigues and was holding a plastic model submachine gun. Plaintiff shut the door immediately and locked it, then armed himself with a 357 magnum pistol. He returned to the door, opened it, and saw a flash of light, caused, he alleges by Trammel’s triggering a
A. The law of torts focuses on private right of redress. The aggrieved party sues in tort to recover damages for the harm caused by her defendant. Contrast this to criminal law where the State, through government-employed prosecutors, pursues the action and extracts the punishment.
B. LAWS come from 3 sources:
i. Constitution ii. Statutory Law iii. Jurisprudential (or common law)
TORT LAW comes primarily from what type of law? Jurisprudential
C. These tortuous wrongs can take various forms:
i. Personal injury or death ii. Harm to property iii. Interference with other protectable interests such as the right to be free from unwarranted invasions of privacy.
II. Samples
A. The plaintiff, Betty England, was employed by S&M Foods, Inc. at its Dairy Queen restaurant in Tallulah, Louisiana when the incident occurred. Larry Garley was the manager of this restaurant. Garley became upset when several hamburgers were incorrectly prepared resulting in them being returned by the customer who had ordered them. Garley allegedly expressed his satisfaction by using profane language and throwing a hamburger which hit plaintiff on the leg.
Intentional Tort
B. This suit arose from the unfortunate events of Halloween night in 1981. Jeffrey Scott Trammel, aged 15, Robert Martin Landry, Jr. aged 133, and Daniel Breaux, aged 13, went trick-or-treating that evening. About 6:30 p.m., Trammel and Breaux rang Robert Bouton’s (plaintiff) front door bell while Landry waited at the sidewalk. Plaintiff opened the door and saw Breaux standing before him. Breaux was dressed military fatigues and was holding a plastic model submachine gun. Plaintiff shut the door immediately and locked it, then armed himself with a 357 magnum pistol. He returned to the door, opened it, and saw a flash of light, caused, he alleges by Trammel’s triggering a