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Torts and Cyber Torts

Chapter 5.2. Torts and Cyber Torts. Learning Objectives. What is a tort? What is the purpose of tort law? What are the two basic categories of torts? What are the four elements of negligence? What is meant by strict liability? In what circumstances is strict liability applied?

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Torts and Cyber Torts

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  1. Chapter 5.2 Torts and Cyber Torts

  2. Learning Objectives • What is a tort? • What is the purpose of tort law? What are the two basic categories of torts? • What are the four elements of negligence? • What is meant by strict liability? In what circumstances is strict liability applied? • What is a cyber tort, and how are tort theories being applied in cyberspace?

  3. Pre-Learning Question What is the difference between criminal law and tort law?

  4. Why It’s Important Learning the difference between a tort and a crime will help you understand how the justice system protects people from injury.

  5. The Difference Between Criminal Law & Tort Law • A crime is an act against not only a specific individual, but the generalwelfare, as well. • A tort is a private wrong committed by one person against another.

  6. ELEMENTS OF A TORT • Duty • Not to injure another • Not to interfere with the property rights of others • Not to interfere with the economic rights of others • Violation of the duty • Must be proved before collection of damages • Injury • Must be proved – no injury – no tort • Causation • Breach caused the injury

  7. RESPONSIBILITY FOR ANOTHER’S TORTS • Vicarious liability • One party is held liable for the torts of another • Employers and employees • Principals and agents • Parents and children

  8. The Basis of Tort Law • A tort can also be a private, civil legal action to obtain monetary damages from a legal injury a person or property. • Damages: • Compensatory Damages: actual losses. Puts plaintiff in position he would have been in if the tort had not occurred. • Special Damages: quantifiable such as lost wages, medical bills.

  9. The Basis of Tort Law • Punitive Damages: punish wrongdoer, typically only available in intentional torts. • General Damages: nonmonetary losses such as pain and suffering.

  10. The Basis of Tort Law • Plaintiff (injured party) sues the Defendant (tortfeasor). • Classification of Torts: • Intentional. • Unintentional (negligence-no fault). • Strict Liability (absolute liability).

  11. Assault Battery False imprisonment Defamation Invasion of privacy Intentional infliction of emotional distress Trespass to land Conversion Interference with contractual relations Fraud Understanding Intentional Torts WHAT ARE THE MOST COMMON INTENTIONAL TORTS?

  12. CHECKPOINT Raymond slapped his wife Charlotte while they were arguing about child support. Which tort did Raymond commit—assault or battery?

  13. CHECKPOINT Which definition best describes “tortfeasor (wrongdoer)”? • A person charged with the crime of assault. • A person charged with committing a tort. • The attorney who represents a person accused of committing a tort.

  14. CHECKPOINT ANSWER Battery (b) A person charged with committing a tort.

  15. Section 5.2Assessment Reviewing What You Learned • What is the difference between a crime and a tort? • What concept is at the heart of tort law?

  16. Section 5.2Assessment Reviewing What You Learned • How can a tort be committed? • What are the most common intentional torts?

  17. Section 5.2Assessment Reviewing What You Learned Answer 1) A crime is an offense against the public at large. A tort is a private wrong committed by one individual against another. 2) The law of torts is grounded in the concept of rights.

  18. Section 5.2Assessment Critical Thinking Activity Tort Law If criminal law is responsible for dealing with individuals who commit wrongful acts, what purpose does tort law serve? Why do you need to understand the different intentional torts?

  19. Section 5.2Assessment Critical Thinking Activity Answer Tort Law Tort law compensates victims, and in order to properly represent his or her client as a tortfeasor or a victim, an attorney must have a proper understanding of the different intentional torts.

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