When it comes to intentional torts, we need to talk about whether defendants can use a defense called comparative negligence. Let’s break it down in a simple way:
Intentional vs. Negligent Torts: Intentional torts happen when someone purposely does something that causes harm. This is different from negligence, where someone causes harm by accident or carelessness.
Comparative Negligence: This idea looks at how much blame each person shares in a situation where negligence has occurred. But, it’s not so easy to apply this idea to intentional torts.
Legal Position: In most places, the law doesn’t let defendants say they share blame in cases of intentional torts. Why is that? Because when someone acts on purpose, it’s clear they are at fault.
To sum it up, while it might seem like a good idea to use comparative negligence in these cases, it usually doesn’t work as a defense for intentional torts.
When it comes to intentional torts, we need to talk about whether defendants can use a defense called comparative negligence. Let’s break it down in a simple way:
Intentional vs. Negligent Torts: Intentional torts happen when someone purposely does something that causes harm. This is different from negligence, where someone causes harm by accident or carelessness.
Comparative Negligence: This idea looks at how much blame each person shares in a situation where negligence has occurred. But, it’s not so easy to apply this idea to intentional torts.
Legal Position: In most places, the law doesn’t let defendants say they share blame in cases of intentional torts. Why is that? Because when someone acts on purpose, it’s clear they are at fault.
To sum it up, while it might seem like a good idea to use comparative negligence in these cases, it usually doesn’t work as a defense for intentional torts.