LAW OF TORTSCHAPTER 4

By : Lillie Gray

1st period Business Law Exam

VOCABULARY Crime- an offense against the public at large, which is

therefore punishable by the government. Tort- a private wrong committed by one person against

another involving one persons interference with another persons rights.

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

Tortfeasor- person who commits a tort. Trespass- the wrongful damage to, or interference with

the property of another. Nuisance- anything that interferes with the enjoyment of

life or property. False Imprisonment- when the police arrest someone

without probable cause or the proper warrant. Defamation- the wrongful act of injuring another persons

reputation by making false statements.

VOCABULARY 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.

Negligence- an accidental or unintentional tort, and the failure to exercise the degree of care that a reasonable person would have exercised in the same situation.

Strict Liability- an injury caused by an individuals participation in an ultra- hazardous activity; also, manufacturers or suppliers are responsible for selling goods that are responsibly dangerous.

Breach of Duty- the failure to use the degree of care that would have been used by a reasonable person.

Proximate Cause- the legal connection between unreasonable conduct and the resulting harm.

Contributing Negligence- behavior by the plaintiff that helps cause his or her injuries.

Assumption of Risks- defense in which the defendant shows that help the plaintiff new of the risk involved in an activity and still took the chance of being injured.

SECTION 4.1INTENTIONAL TORTS

The difference between criminal and tort laws

A tort law is a private wrong committed by one person against another.

In criminal law they harm not only specific individuals but the general welfare as well.

Intentional Torts This occurs when a person knows and desires the

consequences of his or her act.

INTENTIONAL TORTS

1. Battery

2. Trespassing

3. Nuisance

4. Interference with contractual relations

5. Deceit

6. Conversion

7. False Imprisonment (false arrest)

8. Defamation

9. Invasion of Privacy

10. Misuse of legal procedure

11. Infliction of emotional distress

12. Assault

SECTION 4.2NEGLIGENCE AND STRICT LIABILITY

Unintentional Torts A type of accident that leads to injury or death

Elements of Negligence The law has established specific standards to

prevent people from suing innocent parties

Elements of Negligence The defendant owed the plaintiff a duty of care This failure to use the degree of care required under

the circumstances The breach of duty by the defendant was the

proximate cause of the injury to the plaintiff. The plaintiff suffered some actual harm or injury.