Video summary

Business Law

Main summary

Key takeaways

Summary of the Video Subtitles (Tort Law Unit)

  • The video introduces tort law in “Unit 3,” explaining what torts are and the practice/ideas behind them.
  • Definition of a tort: A tort is an act of wrongdoing that creates civil liability (a civil wrong).

Civil vs. Criminal Law

Although torts involve wrongdoing, they are generally handled through the civil justice system via civil litigation, not criminal prosecution.

  • However, the same wrongdoing can sometimes lead to both:
    • criminal charges, and
    • a civil lawsuit
  • The video mentions O.J. Simpson as an example: acquitted criminally but sued civilly for wrongful death.

Key Term

  • A person who commits a tort is called a tortfeasor.

Three Categories of Torts

1. Intentional Torts

Intentional torts require:

  • Intent to cause the harmful/offensive result.
  • The defendant must be substantially certain the harmful outcome will occur (certainty is not required).
  • An act (the act must be voluntary).
  • Injury or harm, even if minimal (e.g., assault may involve apprehension of harm rather than physical injury).

Examples given: assault, battery, trespass (to land or property), defamation, fraud.

2. Negligent Torts (Negligence)

Negligent torts do not require intent to harm, but require four elements:

  1. Duty of care (everyone generally owes reasonable care to others).
  2. Breach of that duty (not acting with reasonable care).
  3. Causation (the breach must cause the harm; mentions but-for and proximate/approximate cause).
  4. Injury or harm resulting in damages.

3. Strict Liability

Strict liability traditionally applies to inherently dangerous activities (e.g., handling explosives).

  • Liability can be imposed without showing intent or negligence.
  • If harm occurs from an inherently dangerous activity, the defendant may be liable.

In the last several decades, strict liability has expanded to product liability, requiring that:

  • The product was sold
  • The product was defective when sold
  • The defect caused the plaintiff’s injury
  • The plaintiff suffered injury/harm

Business Relevance

Tort law can significantly affect businesses and influences decisions like:

  • business structure,
  • insurance,
  • training,
  • hiring personnel.

Speakers

  • No named speakers are provided in the subtitles; only an implied instructor/presenter is speaking.

Original video