One possible tort is that of negligence. Can you have negligence in both a cybercrime and a traditional crime? What about strict liability? Product liability? Also, what are the elements required to prevail in a claim for negligence? What are the elements required to prevail in a claim involving strict liability? What are the elements required to prevail in a claim involving product liability? What are the differences between the three types of claims? Thoughts?

It is indeed true that a person can have negligence in a cybercrime and traditional crimes. In both instances, an employee for instance, can fail to take an action that would lead to either of the crimes taking place like failure to logout of systems hence giving easier access to external criminals-hackers (Clough, 2015). In strict liability, negligence is there, however, the perpetrator is not aware that the actions would result in serious damages. Product liability can only be found in traditional crimes where criminals take advantage of an existing loophole to rob unsuspecting consumers. Some of the elements required to prevail in a negligence claim includes breach, duty, damages and causation. On the other hand, the elements required in order to prevail in strict liability is that the plaintiff must show the impact of the injury from the product. Product liability has a variety of elements like legal obligation to be reasonable, breach of owed duty, injury form breach of duty, and connection between the injuries suffered and the breach of duty.

References

Clough, J. (2015). Principles of cybercrime. Cambridge University Press.