Professional Documents
Culture Documents
Reasonable Doubt
Government prosecutes
Preponderance of Evidence
Jury system
2-Party suits
Punishment
Voluntary Involuntary
No punishment Punishment
Torts and Damages
Intentional torts carry punitive damages
Intent is to make people pay for injuries
resulting from their unreasonable acts
Four general categories of tort common in
construction
Negligence
Intentional tort/ Fraud
Strict liability
Deceptive practices
Torts and Damages
Negligence- failure to act reasonably
causing injury to others (most common
tort)
Must prove all of the following
Existence of duty to be reasonable
Breach of that duty
Damages incurred as a result of that
breach
Causation between breach and
damage is direct
Torts and Damages
California Rule
• Balance test under theory of negligence
• Degree of certainty of harm
• Foreseeability of harm
• Closeness of connection between
conduct and injury
• Advancing policies to prevent future harm
• Assignability of moral blame
• Difficult to enforce
Torts and Damages
Fraud
False representation or nondisclosure
of material fact
With intent to deceive
Misleading statement was relied on by
complainant
Actual damages result
Torts and Damages