Section 4.1

Negligence and Strict Liability Chapter 4 The Law of Torts Section 4.1 Intentional Torts Section 4.2 Negligence and Strict Liability

What You’ll Learn How to tell the difference between a crime and a tort (p. 80) How to explain the nature of tort law (p. 80)

What You’ll Learn How various torts can be committed (p.81) How to define various intentional torts (pp. 81-86)

Why It’s Important Learning the difference between a tort and a crime, as well as the types of intentional torts, will help you understand how the justice system protects people from injury.

Legal Terms crime (p. 80) tort (p. 80) intentional tort (p. 81) tortfeasor (p. 82) trespass (p. 82)

Legal Terms nuisance (p. 83) false imprisonment (p. 83) defamation (p. 84) invasion of privacy (p. 86)

Section Outline The Difference Between Criminal Law and Tort Law Intentional Torts Assault and Battery Trespass Nuisance

Section Outline Intentional Torts, continued False Imprisonment Defamation Invasion of Privacy

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

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

The Difference Between Criminal Law and Tort Law A tort will lead the wronged party to try and recover money as compensation for the loss or injury suffered.

The Difference Between Criminal Law and Tort Law A tort does not, however, call upon the government to punish the wrongdoer.

The Concept of Rights The law of torts is grounded in the concept of rights. Under tort law all people are entitled to certain rights.

The Concept of Rights These include the right to: Be free from bodily harm. Enjoy a good reputation Conduct business without unwarranted interference.

The Concept of Rights The law imposes a duty on all of us to respect the rights of others. Tort law governs this interplay between rights and duties.

Pre-Learning Question What is an intentional tort?

Intentional Torts Torts can be committed either intentionally or unintentionally. An intentional tort occurs when a person knows and desires the consequences of his or her act.

Assault and Battery The tort of assault occurs when one person deliberately leads another person to believe that he or she is about to be harmed. The tort of battery involves the unlawful, unprivileged touching of another person.

Assault and Battery The tort of assault is different from the crime of assault. The victim of a tort assault must know that the tortfeasor meant to commit harm. A tortfeasor is the person who committed the tort.

Trespass A trespass is the wrongful damage to or interference with the property of another.

Nuisance The tort of nuisance is anything that interferes with the enjoyment of life or property.

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

ANSWER Battery

False Imprisonment Law enforcement officers must have probable cause or a warrant to arrest someone, or they can be sued for false imprisonment, or false arrest.

Defamation Defamation is the wrongful act of injuring another’s reputation by making false statements. Libel is a false statement in written form. Slander is a false statement made orally to a third party.

Which definition best describes “tortfeasor”? 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.

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

Invasion of Privacy Invasion of privacy is interfering with a person’s right to be left alone, which includes the right to be free from unwanted publicity and interference with private matters.

Reviewing What You Learned Section 4.1 Assessment Reviewing What You Learned What is the difference between a crime and a tort?

Reviewing What You Learned Answer Section 4.1 Assessment Reviewing What You Learned Answer A crime is an offense against the public at large. A tort is a private wrong committed by one individual against another.

Reviewing What You Learned What concept is at the heart of tort law? Section 4.1 Assessment Reviewing What You Learned What concept is at the heart of tort law?

Reviewing What You Learned Answer Section 4.1 Assessment Reviewing What You Learned Answer The law of torts is grounded in the concept of rights.

Reviewing What You Learned How can a tort be committed? Section 4.1 Assessment Reviewing What You Learned How can a tort be committed?

Reviewing What You Learned Answer Section 4.1 Assessment Reviewing What You Learned Answer A tort can be committed intentionally or unintentionally.

Reviewing What You Learned What are the most common intentional torts? Section 4.1 Assessment Reviewing What You Learned What are the most common intentional torts?

Reviewing What You Learned Answer Section 4.1 Assessment Reviewing What You Learned Answer Assault, battery, trespass, nuisance, false imprisonment, defamation, and invasion of privacy.

Critical Thinking Activity Tort Law Section 4.1 Assessment 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?

Critical Thinking Activity Answer Tort Law Section 4.1 Assessment 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.

Legal Skills in Action Computer Privacy Section 4.1 Assessment Legal Skills in Action Computer Privacy Many people, businesses, and government agencies today have increased access to computers. Although this access may be of great convenience, it is also a source of danger, especially to privacy.

Legal Skills in Action Computer Privacy Section 4.1 Assessment Legal Skills in Action Computer Privacy Write a research paper in which you trace the development of the computer along with the increased threat to privacy represented by its development.

Legal Skills in Action Answer Section 4.1 Assessment Legal Skills in Action Answer Computer Privacy Reports will vary, but should cite sources to support their findings.

End of Section 4.1