Question
Do not confuse tart, and tort. A tart is a dessert. A tort on the other hand is a private wrong. Derived from the French,
Do not confuse tart, and tort. A tart is a dessert. A tort on the other hand is a "private wrong." Derived from the French, tort simply meaning wrong. A crime on the other hand is a "public wrong." Thus, by committing a battery at a bar in Cape Coral on Saturday night after someone calls your girlfriend a vicious name, you may have committed both a crime and a tort. The primary differences are these; 1) crimes are against the people and are prosecuted by the person, a tort is against the person and is brought by the person; 2) the burden of proof in a crime is "beyond a reasonable doubt", in a tort it is "preponderance of the evidence" (i.e. more than 50% sure)(see O.J. Simpson verdict); and 3) the consequence of committing a crime is jail, restitution, probation, etc., the consequence for committing a tort is generally to pay money to the injured party.
Presume the following scenario: you are upset that you just broke up with your boyfriend and go to a bar to see if some liquid courage will help. After your fourth shot you suddenly realize that you left the gas stove on in your apartment. You rush out to your car to drive home to turn it off before someone gets hurt. In your rush, you see your ex-boyfriend's new thang in the parking lot and you try to run her over, but you miss. You do, however, hit her car. You figure you made your point so you rush home and realize that there's someone sleeping in the passenger seat (oops, grabbed the wrong car). The passenger wakes up from a drunken slumber and starts screaming and demanding to get out. Out of concern that you'll be identified if you let the passenger out, you keep driving despite the pleas. You're rushing down Summerlin just blocks from your apartment when your apartment building goes up in flames. Not only did you forget your stove was on, you also forgot you left all your Fourth of July fireworks next to the stove. Luckily, no one is hurt, but the entire building is burned to the ground exposing all the water lines which flood the nearby buildings as well.
Which torts have been committed?
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