tORTStORTS

INTENTIONAL AND INTENTIONAL AND NEGLIGENTNEGLIGENT

The Elements of an Intentional The Elements of an Intentional TortTort

1. An intentional tort.1. An intentional tort.

2. An injury.2. An injury.

3. Tort was the proximate cause 3. Tort was the proximate cause of of injury.injury.

4. Injury caused damages.4. Injury caused damages.

What is Proximate Cause?What is Proximate Cause?

An act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred.

Source: The FreeDictionary http://legal-dictionary.thefreedictiona

ry.com/proximate+cause

INTENTIONAL TORTSINTENTIONAL TORTS

AssaultThreatening to strike or harm with a weapon

or physical movement, resulting in fear. BatteryUnlawful, unprivileged touching of another

person. Interference with contractual relationsIntentionally causing one person not to enter

or to break a contract with another.

False imprisonmentUnlawful restraint of a person, whether in

prison or otherwise. Infliction of emotional distressIntentionally or recklessly causing emotional

or mental suffering to others. DefamationWrongful act of injuring another’s reputation by

making false statements. An example is libel.

What is Libel?What is Libel?

To publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others. Libel is the written or broadcast form of defamation, distinguished from slander, which is oral defamation. 

 

IS THIS LIBEL?IS THIS LIBEL?

The Standard for libel was established in New York Times Co. v. Sullivan, 376 U.S. 254 (1964).

The issue before the court was : Can a public figure receive damages in a civil

libel action, if malice is not proven?

HOLDINGHOLDING

The Court held that the First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements

are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity).  

MALICE does not mean an intention to be mean!!!!

NEGLIGENCENEGLIGENCE

A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.  The behavior usually consists of actions, but can also consist of omissions when there is some duty to act 

Definition as found in FINEMAN p 153.

Elements of NegligenceElements of Negligence

 1) that the allegedly negligent defendant had a duty to the injured party or to the general public, 2) that the defendant's action (or failure to act) was not what a reasonably prudent person would have done, and 3) that the damages were directly ("proximately") caused by the negligence. An added factor in the formula for determining negligence is whether the damages were "reasonably foreseeable" at the time of the alleged carelessness.

Palsgraf!Palsgraf!

The reasonable person:The reasonable person:Who is THIS PERSON?Who is THIS PERSON?

Definition Definition Restatement 2d. Of TortsRestatement 2d. Of Torts

§ 3.04  The Reasonable Person  The most common standard of care in negligence law

commands the defendant to act as would a reasonably prudent person in the same or similar circumstances. If the defendant does so, she is protected from negligence liability. Failure to do so constitutes unreasonable conduct and, hence, breach of duty. The reasonable person standard is an objective standard that compares the defendant's conduct to the external standard of a reasonable person. Thus, the law imposes on each person of society an obligation to conform to the objective reasonableness standard. There is much debate about the fairness of this objective standard.