Chapter 7Torts and Tortfeasors

1.A tort is a wrong against an individual; a crime is a wrong against the public at large.

2.Assault and battery are both torts and crimes.

3.A tort is a breach of duty imposed by law, whereas a breach of contract is a breach of duty imposed by agreement of the parties.

4.In general, the plaintiff must allege and prove: (a) the existence of a duty owed to the plaintiff by the defendant, (b) a violation of that duty, (c) a showing that the violation was the cause of the plaintiff's injuries, and (d) damages.

5.Under the doctrine of respondent superior, masters are responsible for the torts of their servants that are committed within the scope of employment.

6.Minor children are liable for their torts just the same as adults.

7.Some state statutes make parents liable up to a limited amount of money for the willful torts committed by their minor children.

8.The statute abolished the doctrine of charitable immunity in cases arising from a charity's commercial activity and set a limit of $20,000 which may be recovered from a charity for torts arising out of charitable activity.

9.Public employers are liable for personal injury, property damage, or death caused by the negligent or wrongful act or omission of any public employee while acting within the scope of employment up to $100,000. In addition, the public employee cannot be sued if the act was not intentional. Before suit can be brought, a claim must be presented to the executive office of the employee in an attempt to reach a settlement.

10.Joint liability means that all joint tortfeasors must be named as defendants in a lawsuit; several liability means that the joint tortfeasors may be sued separately for the wrongdoing.

Understanding Legal Concepts

1.F, an individual6.T

2.F, sovereign immunity7.F, law, the parties

3.T8.F, crime

4.T9.T

5.F, joint10.T

Checking Terminology

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Using Legal Language

Amy and Barry, while working for the Red Cross, committed a tort when they violated a duty imposed on them by law. Because they committed the wrongful act together, they were joint tortfeasors, but because they could be sued separately, their liability was several rather than joint. Because the doctrine of charitable immunity no longer applies, the Red Cross, which is the master of Amy and Barry, has imputed liability for the torts of its servants under the doctrine of respondeat superior. If it turns out that Amy is required to pay more than Barry for the damages they caused, Amy has the right of contribution to recover the excess from Barry. This case is not one involving the doctrine of sovereign immunity, because it does not involve a governmental body being immune from tort liability, nor does it involve a principal or agent—that is, a person who authorizes another to act or one authorized to act.

Puzzling Over What You Learned

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Y

Caveat: Allow squares for spaces between words and punctuation (apostrophes, hyphens, etc.) whenfilling in crossword.

Across

3. Doctrine under which a master is responsible for the torts of his or her servants.

7. A wrong against an individual.

  1. People authorized to act on behalf of others and subject to the others' control.
  1. Doctrine under which charitable institutions are immune from tort liability.
  1. Two or more people who participate in the commission of a tort.

Down

  1. Vicarious responsibility for the torts committed by another person.
  1. Employers.
  1. Employees.
  1. People who authorize agents to act on their behalf and subject to their control.
  1. Exempt.
  1. One who commits a tort.
  1. Liability under which all joint tortfeasors must be named as defendants.