Presentation is loading. Please wait.

Presentation is loading. Please wait.

TORTS A tort is committed when……… (1) a duty owing by one person to another, is… (2) breached and (3) proximately causes (4) injury or damage to the owner.

Similar presentations


Presentation on theme: "TORTS A tort is committed when……… (1) a duty owing by one person to another, is… (2) breached and (3) proximately causes (4) injury or damage to the owner."— Presentation transcript:

1 TORTS A tort is committed when……… (1) a duty owing by one person to another, is… (2) breached and (3) proximately causes (4) injury or damage to the owner of a legally protected interest.

2 Tort Defined DEFINITION ------ One person’s interference with another’s rights; either intentionally or unintentionally (negligence).

3 Duties Not to injure another –…bodily –…reputation –…nor invade their privacy Not to interfere with property rights –…trespassing Not to interfere with economic rights –…right to contract

4 TORTS When a breach of duty occurs, harm may be inflicted … (1) intentionally (2) negligently, or (3) without fault (strict liability).

5 TORTS An injured party sues to recover damages in the form of … …or in some cases… Punitive damages are awarded when the defendant’s tortious conduct has been … intentional and outrageous Showing malice or fraudulent or evil motive compensation punitive damages

6 Distinguish The purpose of criminal law is... The purpose of tort law is to... To punish the wrongdoer compensate the injured party

7 Intent Desire to cause the consequences …or have knowledge that the consequences are substantially likely

8 INTENTIONAL TORTS Assault and battery Trespass Nuisance Interference with Contractual Relations Deceit or Fraud Conversion False Imprisonment

9 Malicious Prosecution Defamation Libel Slander Invasion of Privacy Emotional Suffering INTENTIONAL TORTS

10 Duty- requires that we act as a reasonable person… with care, prudence and good judgment so as not to cause injury. UNINTENTIONAL TORTS Degrees of care: --children under 7 incapable of negligence --older children held to care of like reasonable child --if child is engaged in adult activity– same standard as adult NEGLIGENCE

11 Professionals and tradespersons are held to a higher degree of care in their work NEGLIGENCE UNINTENTIONAL TORTS

12 DEFENSES --Contributory negligence --Comparative Negligence --Assumption of Risk

13 STRICT LIABILITY Liable – even though the defendant was not negligent Proof of the defendant’s activity and the injury are all that is needed for breach of duty.

14 CRITERIA for strict liability: STRICT LIABILITY Engaged in abnormally dangerous activities Owning dangerous animals Selling goods that are unreasonably dangerous

15 STRICT LIABILITY Under strict liability the manufacturer and any sellers in the chain of distribution are liable to any buyer of a defective product who is injured by the product.

16 Damages –Money compensation –Injunction –Punitive damages STRICT LIABILITY


Download ppt "TORTS A tort is committed when……… (1) a duty owing by one person to another, is… (2) breached and (3) proximately causes (4) injury or damage to the owner."

Similar presentations


Ads by Google