Ch. 5 Torts and Civil Law

Hook Guest Speaker (Ed Thomas) Read Ch. 5-3 by yourself I will randomly select people to write similarities and differences between the civil trial procedure and the criminal trial procedure on the board (as you read) Bell race (review) Page 125-1-5 Assign groups for 6-9

Day 2 Finish activity Review in assigned groups Share

Crimes and Torts Tort-Private Civil wrong Against individual Damages Monetary Both tort and crime Master-servant rule

Elements of a Tort Duty Breach of duty Injury Causation Not to injure Not to interfere w/ property rights Not to interfere with economic rights (contract) Breach of duty Re ipsa loqutur (act speaks for itself) Negligence Injury Causation Breach of duty caused injury Proximate cause-amount of causation is great enough for it to be recognized by law What’s Your Verdict pg. 86

Causation Cont. Respndeat Superior Vicarious Liability Minor Parents Principal/employer accountable for agent/employee Vicarious Liability Minor Parents Children

Scenarios Group 1- Tort Only Group 2- Crime Only Group 3- Crime and a Tort

Intentional Torts False Imprisonment- Confinement against a person’s will Your consent- necessary Police-probable cause Accident (mistook you for someone else)

Intentional Torts Defendant possessed the intent to inflict injury Assault-Fear of harm Believable harm Threaten to punch? Threaten to kiss? Battery- Harmful or offensive touching of another Examples?

Intentional Torts Invasion of Privacy Uninvited intrusion that may cause shame or mental suffering in an ordinary person Publications Ex. 2 way mirrors in restroom Exceptions Police tapping phones with warrant Public figures (actors, politicians, news)

Intentional Torts Defamation- false statement that injures a person’s good name Slander- spoken Requirements False Communicated to a 3rd person Bring the victim into disrepute, contempt, or ridicule by others.

Intentional Torts Intentional Infliction of Emotional Distress Must prove Trespass to Land Includes dumping materials Conversion Stealing Interference with Contractual Relations Fraud Does not include opinion “This is the best car we’ve ever had on the lot” Puffing

Negligence Careless Behavior Elements Duty of Care owed by the defendant to plaintiff Reasonable person A breach of duty Causation Injury

Defenses to Negligence Contributory Negligence- Both parties “contributed” or were negligent Comparative Negligence Both parties awarded damages Based on percentages of injury Assumption of risk Know danger before Warned “Beware” Signs “No trespassing”

Defenses to Negligence Strict Liability Defendant held liable Engaged in activity/ result in injury Regardless of negligence Ex. Target practice Storing flammable liquids Ownership of dangerous animals Sale of dangerous goods Statutes of repose- Can’t sue after a certain time

Search a real case that deals with: Assault Battery False Imprisonment Defamation Invasion of Privacy Intentional Infliction/ Emotional Distress Trespassing Conversion Interference with Contractual Relations Fraud Complete Case Analysis 2