How do Crimes and Torts Differ and Elements of a Tort

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How do Crimes and Torts Differ?andElements
of a Tort?

• By MC, Dan, Dani, Kristin

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• Crime
• An offense against society
• A public wrong
• Tort
• Private or civil wrong
• Against an individual
• Person injured by tort can sue and receive
  compensation
• An act can be both a tort and a crime

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Example

• MC commits a crime and a tort when he is driving
  recklessly down Bluemound Road and hits Amy Goede
  and injures her.
• The crime is his reckless driving.
• The tort is his injuring sweet Mrs. Goede

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Elements of a Tort

• 4 elements must be proven to establish liability
• Duty
• Violation and Duty
• Injury
• Causation

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Duty

• Not to injure
• Interfere with property/economic rights of others
  

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Violation

• Has to be proven before you can collect money
• Jury decides
• Usually when one person is careless

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• Injury
• Proven (by pictures or doctor reports)
• Causation
• People cause injury
• Proximate cause
• Great enough to be recognized by the law