In civil law when a person commits a wrong, we call it a tort. While criminal law deals with wrongs against all of society, civil law deals with wrongs against individuals. For practical purposes, a tort occurs when one person causes injury to another person or to another's property or reputation. Tort law deals with two basic questions (1) who should be responsible, or liable, for harm and (2) how much should the responsible person have to pay. Tort law is often at the forefront of public controversy and is closely related to economic and political policy decisions.
FUNCTIONS OF TORT LAW:
a. establishes standards of care that society expects from people.
b. provides a legal process for injured people to recover money damages from wrongdoers who caused them harm.
c. balances usefulness against harm ex. Safeness of a drug
d. preserve individual choice
Approximately 90 % of tort cases filed are settled without a trial.
TYPES OF TORTS:
1. Intentional wrong
2. Negligence
3. Strict Liability
WHO CAN BE SUED?
Almost anyone can be sued, including individuals, groups of individuals, organizations, businesses, and even units of government. Plaintiffs try to sue a defendant who has enough money to pay for the damages. Children may also be sued for damages. To recover damages from a minor, you have to prove that the child acted unreasonably for a person of that age and experience. Because most children do not have very �deep pockets� plaintiffs also sue the child�s parents.
Certain defendants are immune from some tort suits. Generally, courts do not allow children to sue their parents and have historically not allowed husbands and wives to sue each other. Federal and State governments are also immune from tort liability except in cases of negligence. The president, federal judges, and members of Congress are totally immune from tort liability for acts carried out within the scope of their duties.
Sometimes there can be more than one plaintiff. In such cases the injured parties form a �class� and bring their lawsuit together in a class action.