 Welcome to Unit 3. In this video introduction to Unit 3, we introduce the concept and practice of torts. In this unit introduction, we will define what a tort is. And we'll introduce you to three categories of torts. And they are intentional torts, negligent torts, and strict liability torts. So let's get started. Let's look first at the definition of a tort. What is a tort? We are talking about the commission of an act of wrongdoing. An act of wrongdoing. It's not the delicious looking dessert you're seeing on the screen right now. Now, you may ask yourself, criminal law deals with wrongdoing. So what's the difference between criminal law versus tort law? Well, it's important to understand that a tort is a civil wrong. It's handled in the civil justice system through civil litigation rather than through criminal prosecution. Does this mean that an act of wrongdoing that gives rise to tort liability cannot be prosecuted criminally? No. For example, in America, the O.J. Simpson case, we saw that Mr. Simpson was prosecuted criminally. He was found not guilty there. And then he was sued for the tort of wrongful death. So you can pursue an individual who is committed to wrongdoing both through the criminal system and through the civil system. One more note. A person who commits a tort, good terminology to know, is called a tort-feasor. Okay, so let's look at those three categories that we've talked about already. And the first of those categories is intentional torts. So when we look at torts or any other cause of action, in general, we're looking to see what the elements are. What are the elements? And by this, we mean the key factors to prove. Key factors that have to be proved. So for an intentional tort, as you might gather from the name of it, first you have to establish intent. You have to prove that there was intent. It's intent to cause the wrongful act. And the tort-feasor doesn't have to be certain that what he's doing is going to lead to the wrongful act. All he has to do is be substantially certain. Substantially certain. That's the level of intent that's needed. So for instance, pointing a harmless model gun at somebody that looks exactly like a real gun to a person who doesn't know it, doesn't know that it's merely a model, the intent element is satisfied. Because in this case, we would probably be talking about the tort of assault, which only requires putting the other person in apprehension of harm. And the second critical element is an act. There has to be an act, meaning it has to be voluntary. It has to be voluntary. So harm caused another person by a person who's having an epileptic seizure, for instance, is not going to result in intentional tort because there's no voluntary act. Third, you have to have injury or harm, which is pretty much self-explanatory. That can be very minimal as an assault where the plaintiff suffers merely an apprehension of imminent harmful or offensive contact. Alright, so let's take a look at some typical intentional torts. Typical intentional torts would include assault, battery, which we often think of together, especially in the criminal context. Trespass, and that can be to either land or personal property. Defamation and fraud. These are some of the more common intentional torts. Now let's look at the second category of torts. That is negligent torts. And again, as you might gather from the name negligent or negligence, it doesn't require intent, but it does have four elements that have to be satisfied. There has to be a duty of care. And simply the duty of care, basically everybody in every situation, there has to be a given relationship. But in any relationship we have with the people around us, we all have a duty to act with reasonable care. We all have a duty to act with the care of a reasonable person in that situation. The second element is breach. There has to be a breach of that duty. When a person doesn't act with reasonable care, he or she breaches or violates their duty. Third, there has to be causation. So you have a duty of care, you breach the duty of care, but if there is harm what you did had to have been the cause of the harm. So you need to show the breach of the duty caused injury to the plaintiff. And there are two types of cause. Cause in fact, or but for cause, and proximate cause. And we'll go into that in more depth in this unit. And of course, one thing we've already mentioned, the fourth element, there needs to be injury or harm that results in damages. All right, let's go on to the third major category. And that is strict liability. Strict liability. And traditionally strict liability applied to inherently dangerous situations. So for instance, somebody carrying explosives be considered an inherently dangerous situation. And if a court found the activity to be inherently dangerous, then it could hold that the person was liable for harm without any showing of fault whatsoever by the tort freezer. So no showing of intent, no showing of negligence. Just you were doing something inherently dangerous, therefore somebody's harmed your fault. In the last 50 years, strict liability has been expanded and applied to consumer products. And what is known as products liability. Product liability. And the elements of a product liability tort, which again, generally are strict liability torts, are elements. Our first, product was sold. Second, product was defective when sold. Third, product was the cause of the plaintiff's injury. And four, there was in fact an injury or harm. It's important to remember that tort law can have a major impact on business. And it's something that's always present in the business person's mind. It can play a role in all kinds of business decisions. For instance, the decision of what form of business. The decision about selecting insurance. Training personnel. So this video has provided you with a summary of key points in tort law. We have defined what a tort is. We have described the three major torts. Three major kinds of torts. Including intentional, negligent, liability. In the following sub-learns, you will learn more information. More specific information about torts. Particularly, you'll be learning more about torts that affect business directly.