1. TORTS
Chapter 6

2. A Tort is Defined as….. Civil offense against a person-not society.
Private Wrong
Sue for Money Damages.
An act can be both a tort and a crime.
The Courts will NOT fine you for committing a tort.
Police Investigate Crimes-Not Torts.

3. Elements of a Tort
Duty: Legal obligation owed another to do or not to do something
Breach: A violation of the duty.
Injury: A Harm that is recognized by the law
Causation: Proof that the breach caused the injury.

4. Duty Is? Who Defines tort duties?
State Law Defines tort duties.
The duty not to injure another.
The duty not to interfere with the property of others.
The duty not to interfere with the economic rights of others.

5. Causation This is the connection between breach and injury.
Did the breach of duty cause the injury?
If so, then the element of causation has been proven.
Proximate Cause: When you know that your actions will most likely cause an injury.

6. Assault
Assault: When one person intentionally threatens to injure another. Can be made with words or gestures.
Can be a gesture that they are going to stab you.
Can be offensive in sexual nature-threatening to kiss or touch.

7. Battery Battery: Harmful or offensive touching.
Shooting, pushing in anger, spitting on etc.
No Battery in Boxing-this is consent to the contact.
Self-Defense: No Battery

8. False Imprisonment
False Imprisonment: Depriving a person of freedom of movement without consent and without privilege.
Handcuffed, locked in a room, car, or jail; told in a threatening way to stay in one place.
Consent: You agree to it.
Privilege: Police have probable cause to arrest you.

9. Defamation
Defamation: False Statements that injure a persons reputation.
Spoken: Slander
Written or Printed: Libel
Must be False
Must be communicated to a third person (no one is harmed if no one hears or reads the lie)
Must bring the victim into disrepute, contempt, or ridicule by others.

10. Invasion of Privacy
The unwelcome and unlawful intrusion into one’s private life so as to cause outrage, mental suffering, or humiliation.

11. Trespass
The entry onto the realty of another without the owner’s consent.
Dumping or breaking things are included.
Must have INTENT.

12. Conversion
Property that is stolen, destroyed, or used in a manner inconsistent with the owner’s rights.
A THIEF is always a converter.

13. Interference with Contractual Relations
When a third person entices or encourages the breach of a contract.

14. Fraud An intentional misrepresentation of an existing important fact.
A LIE
Must cause financial injury.

15. NEGLIGENCE
The Most Common Tort.
No Intent Required.
Carelessness

16. Reasonable Man Standard
Requires that we act with the care, prudence, and good judgment of a reasonable person so as not to cause injury to others.

17. Defenses to Negligence
Contributorily
Comparative
Assumption of Risk.
Both parties equally responsible-both were careless.
Plaintiff is partially at fault. Damages reduced.
Aware of danger and still subject themselves to danger.

18. LINKS Can you believe this? Lawsuits Tort Information and activities.
Tort Information and activities.

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