Torts is the subject that relates the most to everyday life.
Everyone drives a car. Everyone has been in a situation where they've seen an accident or know somebody who's been in an accident. Everybody gets into disputes where maybe somebody got hurt, some property damage was caused.
So, It's probably the subject that you're going to find the easiest to relate to as against, say, contracts or constitutional law. And also, it's one that I think draws in the widest array of human experience. That is to say, all sorts of situations can be the subject of a tort suit, and usually we are asking a jury of ordinary people to apply their common sense to resolve these disputes in line with their own experience. So I think from both ends of that, it's both fascinating and something that's easier to kind of understand or kind of relate to than other subjects.
Car accidents are by far the most common kind of tort that everybody understands. Back in another era, it would have been a train accident or a carriage accident. There's so much traffic, there are so many accidents, and everyone kind of has an intuitive understanding of whether someone has behaved negligently or not when they've driven a car.
Have they been speeding? Did they stop at the stop sign? Did they make an illegal turn? That sort of thing. So that's usually the place that I start when talking about any particular tort concept is, imagine it's a car accident, and then maybe somebody was driving drunk, or someone did something else that's kind of not consistent with the traffic laws. Then, you know, you get beyond that. You're talking about workplace accidents, or slip and falls. Those are things, of course, also that are very common, that everybody can understand, and then you can use that to tease out broader principles of tort law.
A tort is a civil wrong that is not limited to a contract breach remedy. Now, there's two parts of that. So the first is, it's a civil wrong, it's not a criminal wrong. So, that means mostly that the sanctions for a tort are monetary. You pay damages. You're not going to go to jail just because you commit a tort. It also means that a private person can bring a tort suit, which of course cannot be done for a criminal case where it has to be brought by a public prosecutor.
Now the second part is that if you have an ordinary breach of contract where someone is trying to get a refund basically of what they've paid because the contract was not performed, that's not a tort. Now that's not as easy to just define. But it's got its own branch of law, contract law, partly for traditional reasons and partly for certain differences that exist between torts and contracts.
I mean, for one thing, torts often involve people who didn't know each other until they interacted and someone got hurt. Contracts usually involve people who do know each other because they have been involved in some sort of deal or negotiation.
So the idea is a tort is not criminal. It's different from criminal law in some important respects, although there's some overlap, and it's different from contract law, although, again, there are some overlaps, and it occupies a kind of middle ground. In some ways, people describe tort law as a kind of mixed system that combines aspects of contract law and aspects of criminal law, but is neither.