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Defenses in Tort Cases

Defenses in Tort Cases. Intro to Law 2009-2010 Androstic. Objectives:. 43. Identify defenses that can be made for intentional torts. 44. Describe defenses for defamation. 45. Identify the elements that make up negligence. 46. Recognize defenses for negligence suits.

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Defenses in Tort Cases

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  1. Defenses in Tort Cases Intro to Law 2009-2010 Androstic

  2. Objectives: 43. Identify defenses that can be made for intentional torts. 44. Describe defenses for defamation. 45. Identify the elements that make up negligence. 46. Recognize defenses for negligence suits. 47. Identify what is needed to prove strict liability. 48. Recognize defenses to strict liability cases.

  3. Intentional Torts One may sue for any of the following forms of damages: • Compensatory damages • Nominal damages • Punitive damages

  4. 43. Identify defenses that can be made for intentional torts. When accused of an intentional tort, there are two general defenses that a defendant can make: • Consent – plaintiff consented to the act • Privilege – justified conduct, such as self defense

  5. 44. Describe defenses for defamation. Defamation? Defamation is when a person makes a false statement to a third party causing harm to the plaintiff. Think of this as harming the reputation of someone by making a false statement about them. Types of defamation: • Slander – oral statements • Libel – written defamation

  6. 44. Describe defenses for defamation. Defenses for defamation?-proving the statement is true-opinions are protected

  7. 45. Identify the elements that make up negligence. There are four elements that must be proven to win a case involving a negligent tort. • Duty – a responsibility owed by the defendant • Breach of duty – failure to complete owed duty • Causation – breach of duty caused plaintiff’s harm • Damages – causation caused damages to the plaintiff

  8. 46. Recognize defenses for negligence suits. • Contributory negligence – plaintiff is also somewhat negligent, so they can claim no damages • Comparative negligence – plaintiff is some % at fault, and cannot claim full amount of damages • Assumption of the risk – plaintiff voluntarily encounters known danger and accepted the risk • Immune – some people are immune from negligent lawsuits, such as gov’t officials or family members

  9. 47. Identify what is needed to prove strict liability. Unlike negligent torts, where duty, breach, causation, and damages. For strict liability, you only need to prove causation and damages. However, you must also convince the court that the activity that caused the harm is unreasonably dangerous.

  10. 48. Recognize defenses to strict liability cases. When accused of strict liability cases, you can use the following defenses: • the plaintiff should have to prove negligence • There is no causation or no damages • The plaintiff has misused the product

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