Discussion and responses

Topic:

What is the difference between torts and crimes? Why should construction management personnel be educated, to some extent, in the field of tort law or criminal law? 

Response 1:

Torts vs. Crimes; What’s the difference?

A tort is a wrong that considered to be personal or civil in nature. A crime is a wrong that goes against society. “The purpose of tort law is to determine whether or not an individual should be held legally accountable for the injury of another person” (Babcock Law Firm, 2017). For example: If a worker is negligent when mopping a floor, and forgetfully does not place the adequate warning signage, which results in a customer slipping, then falling on the floor and getting hurt, this is an example of a tort. If that same worker intentionally leaves a wet floor and purposely removes the sign with disregard to every customer and fellow employees safety then that is considered to be a crime due to the acts nature of an assault on their safety. There are 3 different examples of Torts. They are: Intentional, strict liability, and negligent.

The Babcock Law Firm, (2017, Aug 4) Tort Law vs. Civil Law: How to Judge the Difference; Retrieved from the Babcock Law Firm website:

https://www.injurylawcolorado.com/legal-news/personal-injury-2/tort-civil-law-differences.htm

Response 2:

A tort is a civil wrong, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages. A crime is an offense against the public at large and is prosecuted by public officials. A tort can be a contractor not building the structure of the building per the design and not consulting with the structural engineer or architect. When this happens and the structure fails then it will come back on the contractor because they will figure out it was not built per the design in the investigation. Construction Management personnel needs to understand criminal law and tort law so they can make sure they know how to handle situations without getting the company into anymore legal matters or ourselves.

resources

Currie, S. (2015). Common Sense Construction Law. A practical guide for the construction professional.