Torts

A tort is a civil wrong for which the law provides a remedy. They typically mimic criminal law although the only penalties are money and property awards and injunctions. Torts, like crimes, have different levels of intent that distinguish one type from another type. Intentional action versus a mistake of action. Intent is defined as "mens rea." The act or inaction accompanying the intent is called the "actus reas." Both must be present in tort law except in rare instances where the law makes a distinction based on history.

The different levels of intent are intentional, knowing, conscious indifference, reckless, careless, negligent and innocent. For example, the law says persons younger than 6 years of age do not have the mental capacity to form intent and therefore are always innocent.

There is something also called strict liability, which says intent does not count. This is true in product liability cases, in other words, where a product is unreasonably dangerous and the danger is not obvious, the intent of the manufacturer is irrelevant. Motorcycles are inherently dangerous but the danger is obvious. Therefore, manufacturers are not strictly liable for persons injured in an accident while riding a motorcycle. If there is a defect in the motorcycle itself, that is a different story. So, for torts there are basically four categories of torts: intentional, recklessness, negligent, strict liability.

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