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The Law Of Torts

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.

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The Law Of Torts

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  1. The Law Of Torts Chapter #4

  2. 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

  3. 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:

  4. 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

  5. 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.

  6. 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

  7. 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.

  8. 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

  9. Nuisance • Anything that interferes with the enjoyment of life or property • Loud Noises • Noxious odors • Smoke or fumes

  10. False Imprisonment • Law enforcement officers must have probable cause or a warrant to arrest someone or they can be sued for false imprisonment.

  11. 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.

  12. 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

  13. 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

  14. 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

  15. Negligence • Is the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstance. • Elements of Negligence • Defendant owed the plaintiff a duty of care – Failed to act as a reasonable person would have • This failure to use the degree of care required under the circumstance is called Breach of Duty • This breach of duty was the proximate cause of the injury to the plaintiff • The plaintiff suffered actual harm or injury

  16. Duty of Care • Plaintiff has to prove that they own them care • Example #4

  17. Breach of Duty • Reasonable Person Test

  18. Proximate Cause • Is the legal connection between unreasonable conduct and the resulting harm. • Was the injury foreseeable at the time • Example #5

  19. Actual Harm • Did the plaintiff suffer physical, injuries, property damage, or financial loss?

  20. 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

  21. Assumption of Risk • You knew the risks involved and choose to do it anyway • Skiing • Attending a baseball game • Sky Diving

  22. 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.

  23. Assignment • Page 95 • Questions 6-14

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