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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.
Page 81
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