Presentation on theme: "Intentional Torts, Negligence, and Strict Liability"— Presentation transcript:
1Intentional Torts, Negligence, and Strict Liability Section 5-2
2What Are the Most Common Intentional Torts? Intentional torts are torts in which the defendant possessed the intent or purpose to inflict the resultant injury.
3Assaultoccurs when one person intentionally puts another in reasonable fear of an offensive or harmful bodily contact
4Battery Harmful or offensive touching, includes pushing, punching, spitting, or shooting.
5False ImprisonmentThe intentional confinement of a person against the person’s will and without lawful privilege.It can include being handcuffed or locked in a room or car.
6DefamationFalse statements that injure a person’s reputation or good name.slander—spoken defamationlibel- written or printed defamationTo be defamatory the statement must be:FalseCommunicated to a 3rd partyThe victim’s reputation is ruined or he/she faces ridicule
7Invasion of Privacy Uninvited intrusion into an individual’s personal relationships and activities.
8Trespass to LandEntry onto the property of another without the owner’s consent.
9Conversion When property is stolen, destroyed, or used in a manner inconsistent with the owner’s right.Its criminal counterpart is theft.
10Interference with Contractual Relations Encouraging someone to breach a contract.
11FraudIntentional misrepresentation of an existing important fact.
12What is Negligence? Negligence is the most common tort! Intent is not required for negligence.Like other torts, it involves the elements of duty, breach of duty, causation, and injury.
13The Duty in NegligenceThe general duty imposed by negligence law is the reasonable-man standard.reasonable-man standard —requires that we act with the care and good judgment of a reasonable person as not to cause injury to others.Children under the age of 7 are incapable of negligence.Professionals and skilled tradespersons are held to a higher degree of care in their work.
14The Breach of Duty in Negligence The defendant’s conduct is compared to the reasonable-man standard to see if a violation of the duty occurred.
15Causation and Injury in Negligence The violation of the duty must be the cause of injury.
16Defenses to Negligence Contributory negligence —defendant may not have to pay, his negligence may only have been part of the problem (some states)Comparative negligence —applies when a plaintiff is partially at fault therefore the defendants payment will be reduced (most states).Assumption of the risk —if plaintiff’s are aware of the danger, but decide to subject themselves to the risk anyway Ex.—walking on a wet floor when there is a warning sign.
17Strict LiabilityLiability that exists even though the defendant was not negligent.Engaging in dangerous activities—storing flammable liquids.Owning animals—having a dog bite someoneSale of goods that are dangerousIn other words, even if you did not actually do something that caused injury, something you own did.
18Can Yee collect from Britt? What’s Your Verdict?Britt was driving home late one rainy night after drinking alcohol all evening. With only one working headlight, she raced down residential streets at speeds up to 50 miles per hour. Meanwhile, Yee was slowly backing her station wagon out of her driveway, but she failed to look both ways when she should have. Britt rammed into the right rear end of Yee’s car. Yee’s station wagon was badly damaged, and she was injured.Can Yee collect from Britt?
19Britt’s conduct should be compared to the reasonable man standard to determine whether a violation of the duty occurred.In this case, a reasonable man would drive at safe speed, only when sober, and with both headlights working. Britt clearly breached the reasonable man standard.Britt’s speeding was a breach of the duty and it is reasonably foreseeable that speeding will cause injury.
20Can she collect in tort from the grocery store or Pepsi Co.? What’s Your Verdict?Mrs. Lamm went to a grocery store and placed a plastic Pepsi bottle into her shopping cart. One of the bottles exploded and the broken plastic sliced her leg.Can she collect in tort from the grocery store or Pepsi Co.?
21Mrs. Lamm could collect from either the store or the bottler under strict liability.