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Tort Law

Tort Law. Chapter four. Tort Private wrong committed by one person against another Involves one person’s interference with another person’s rights Will lead the wronged party to try and recover money for the loss or injury suffered Grounded in rights

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Tort Law

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Presentation Transcript

  1. Tort Law Chapter four

  2. Tort • Private wrong committed by one person against another • Involves one person’s interference with another person’s rights • Will lead the wronged party to try and recover money for the loss or injury suffered • Grounded in rights • Doesn’t involve punishment from the government Tort

  3. Latin word • “twisted” • A wrong against an individual tortus

  4. A crime is an act against not only a specific individual, but the general welfare, as well. • A tort is a private wrong committed by one person against another. Crime vs. Tort

  5. Rights • Free from bodily harm • Enjoy a good reputation • Conduct business with out interference • Own property free from damage or trespass • Competent care Concept of rights

  6. Assault • Battery • Trespass • Nuisance • Interference with contractual relations • Deceit Intentional Torts

  7. Conversion • False imprisonment • Defamation • Invasion of privacy • Misuse of legal procedure • Infliction of emotional distress Intentional Torts

  8. In a public website forum, would it be considered defamation of character if a member were to post accusations about another member such as, "DO NOT DO BUSINESS WITH THIS PERSON--they are part of a scam ring using the USPS for fraudulent activity. Charges have been filed against this person.....I know your real name, your address, and your phone number.” • Would you consider the example above as 'defamation of character', or is it not defamation of character if no one knows your true identity?  What if?

  9. Define the difference between assault and battery? POP QUIZ! - Question

  10. Assault is the intent towards someone to do harm • Battery is the physical contact that harms someone POP QUIZ! - Answer

  11. Negligence • Duty of Care • Breach of Duty caused an injury • Proximate Cause • Must suffer actual harm or injury Unintentional Torts

  12. Disprove only one of the four elements • No duty • Reasonable standard conduct • Not the proximate cause • No injury (actual harm) was suffered Defense against Negligence

  13. Contributory Negligence • Comparative Negligence • Assumption of Risk Defense against Negligence

  14. Defective products • Lion tamers • Explosive expert Strict liability

  15. What are the elements of negligence? POP QUIZ! - Question

  16. Duty of Care • Breach of Duty caused an injury • Proximate Cause • Must suffer actual harm or injury POP QUIZ! - Answer

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