LEGL 215 Lecture Notes - Lecture 6: Attractive Nuisance (Album), False Light, Actual Malice
Document Summary
Tort: a civil wrong, not arising from a breach of contract. A breach of a legal duty that causes another person harm or injury. The duty that is violated by the tortfeasor ( wrongdoer ) must exist as a matter of law , not as a consequence of any agreement between the tortfeasor and the injured party. Civil vs. criminal wrong: a tort is a civil wrong, punishable by compensating, or paying damages to, the injured party. A criminal wrong is punishable by paying a fine to the government or being imprisoned. Compensatory damages are designed to reimburse the plaintiff for the actual value of the plaintiff"s injury or loss. Punitive damages are designed to punish the tortfeasor for particularly egregious conduct and to deter similar conduct in the future. Intentional tort: a wrongful act committed knowingly and with the intent to commit the act.