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Chapter Seven

Chapter Seven. Tort Law, Workers’ Compensation and Environmental Law  . Tort Law in General. Personal injury practice deals with lawsuits or claims for money damages for injuries people have suffered. The most common type of personal injury case involves automobile accidents. TORT CATEGORIES.

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Chapter Seven

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  1. Chapter Seven Tort Law, Workers’ Compensation and Environmental Law 

  2. Tort Law in General • Personal injury practice deals with lawsuits or claims for money damages for injuries people have suffered. • The most common type of personal injury case involves automobile accidents.

  3. TORT CATEGORIES

  4. Tort Law (vocabulary) • Tort: a noncontractual civil wrong • Workers’ Compensation: laws that apply to those who are injured at work • Tortfeasor: one who commits a tort • Punitive Damages: damages meant to punish • Cause of Action: the basis upon which a lawsuit may be brought to court

  5. Assault and Battery False Imprisonment & False Arrest Defamation Invasion of Privacy Intentional Infliction of Emotional Distress Malicious Prosecution & Abuse of Process Civil-Rights Violations Personal Torts

  6. Business Torts Property Torts Fraud Defenses: Consent Privilege Other Torts and Defenses

  7. Negligence (the elements) 1. Duty of Due Care 2. Breach of the Duty of Due Care 3. Actual Cause 4. Proximate Cause 5. Damages

  8. Automobile Accidents Liability of Landowners Professional Negligence Negligent Infliction of Emotional Distress Defective Products Loss of Consortium Types of Negligence Actions

  9. Defenses to Negligence 1. Contributory Negligence 2. Comparative Negligence 3. Assumption of the Risk 4. Immunity

  10. Intentional tort • An intentional tort is one in which the party committing the tort intends to do the act knowing it will cause an injury. • In situations where the same act is both a tort and a crime, remember that the cases will always be handled separately in our legal system.

  11. Strict Liability • Dangerous Animals • Ultrahazardous Activities • Defective Products • Defenses to Strict Liability

  12. Damages • Special Damages: out-of-pocket loses • General Damages: damages not based on a monetary loss; inlcudes items such as pain and suffering

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