The Law Of Torts

Chapter #4

What you’ll learn

How to tell the difference between and law and a tort

How to explain the nature of tort law

How various torts can be committed

How to define various intentional torts

Crime VS Tort

Crime – Harm against not only specific individuals but also the general welfare

Tort – is a private wrong committed by one person against another. Example #1

List some Torts:

Your Rights

What are your given rights Right to be free from bodily harm The right to enjoy a good reputation The right to conduct business without

unwarranted interference Right to one property free from damage or

trespass

Intentional Torts VS Unintentional

Intentional occurs when a person knows and desires the consequences of his or her act.

Unintentional occurs when the person does not have this mental determination.

Intentional Torts

Assault occurs when one person deliberately leads another person to believe that he or she is about to be harmed.

Battery involves the unlawful, unprivileged touching of another person.

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Crime of Assault VS Tort of Assault

In a tort the person must know that the TORTFEASOR or person who committed the tort meant to commit harm. They must have suffered anguish or distress.

Trespass

Wrongful damage to or interference with the property of another. Property anything you own (TV, Car, Wallet) Real Property – Includes land and things you

built or grew on the land (house, corn Crop)

Example #2

Nuisance

Anything that interferes with the enjoyment of life or property Loud Noises Noxious odors Smoke or fumes

False Imprisonment

Law enforcement officers must have probable cause or a warrant to arrest someone or they can be sued for false imprisonment.

Defamation

Wrongful act of injuring another’s reputation by making false statement. It is divided into 2 categories Libel – is a false statement in written form or

printed form Slander – Is false statements made orally to a

third party.

Invasion of Privacy

Interfering with a person’s right to be left alone, which includes the right to be free from unwanted publicity and interference with private matters. Your Records Your name or photo

Federal Privacy Act 1974- Fair Credit Reporting Act Right to Financial Privacy Act

Negligence and Strict Liability

What you’ll learn How to define negligence How to explain the elements of negligence How to define the major defenses to

negligence How to define strict liability

Unintentional Torts

Way you can breach your duty to society other than by committing an intentional tort.

Negligence – Injury that is caused by a person’s mere carelessness

Strict Liability – Injury caused by an individual’s participation in ultrahazardous activity

Negligence

Is the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstance. Elements of Negligence

1 Defendant owed the plaintiff a duty of care – Failed to act as a reasonable person would have

2 This failure to use the degree of care required under the circumstance is called Breach of Duty

3 This breach of duty was the proximate cause of the injury to the plaintiff

4 The plaintiff suffered actual harm or injury

Duty of Care

Plaintiff has to prove that they own them care Example #4

Breach of Duty

Reasonable Person Test

Proximate Cause

Is the legal connection between unreasonable conduct and the resulting harm. Was the injury foreseeable at the time

Example #5

Actual Harm

Did the plaintiff suffer physical, injuries, property damage, or financial loss?

Defenses to Negligence

If any of the four part are missing Duty of care Breach of Duty Proximate Cause Actual Harm

Contributory Negligence- Behavior of the plaintiff helped cause the injuries

Comparative Negligence – Negligence of each party is compared and the amount recovered is reduced by that amount Example #7

Assumption of Risk

You knew the risks involved and choose to do it anyway Skiing Attending a baseball game Sky Diving

Strict Liability

Some activities are so dangerous that no matter what they are held liable Using explosives Keeping wild animals

Product Liability – people are injured using a companies products

Toyota recall: 3.8 million cars with risky floor mats

NHTSA and world's largest automaker warn vehicle owners to remove driver's side floor mats in 7 Lexus and Toyota models.

Assignment

Page 95 Questions 6-14