View the following PowerPoint about civil law (torts). Use the guided note document to take notes from the PowerPoint. If you prefer to take notes directly in your notebook, you can. We will review this material tomorrow.

Chapter 5 Private Injuries 5/20/2018 Civil Law Private Injuries LAW

Civil Law (Torts) vs. Criminal Law Crime: an offense committed against the public good or society. Civil Law Tort: a private wrong doing committed against a person. Criminal Law Prosecutor and Defendant Plaintiff and Defendant

Torts and Crimes Can an act be both a tort and a crime? Yes Example: Murder (crime) and wrongful death (tort) If you commit a tort, the injured party can sue for DAMAGES (money award to compensate the injured party)

Torts and Crimes What’s Your Verdict? When he applied for his license as a ferry pilot for the city, Kevin failed to tell the Coast Guard about his high blood pressure and prescription drug use. Three years later, while operating the ferry, Kevin passed out at the controls. The ferry crashed into the dock killing 18 commuters and injuring dozens more. At the time Kevin was also taking two medications for back pain. Both the pain medications list drowsiness as a possible side effect. Did the ferry pilot’s conduct represent a criminal or civil wrong or both? Both—tort of negligence, crimes of manslaughter and failure to report his medical status

ELEMENTS OF A TORT (must be proven for a civil wrong doing to have taken place) Duty Violation (Breach) of the duty Injury Causation

Duty Not to injure another A legal obligation to do or not to do something. The duties under tort law are: Not to injure another Not to interfere with the property rights of others Not to interfere with the economic rights of others

Violation of Duty Breach of the Duty Must be proved before the injured party can collect damages Intentional Torts—defendant intended to inflict harm Negligence—harm occurred because of carelessness or neglect Strict Liability—A person acted a certain way and caused an injury—neglect or carelessness doesn’t need to be present.

Injury Harm must be caused. If there is no injury (harm), there is no tort Injury resulting from the breach of duty must be proven Must be a harm that is recognized by the law

Causation Proof that the breach of duty caused the injury Proximate cause—exists when it is reasonably foreseeable that a breach of duty will result in an injury.

DID MARCUS COMMIT A TORT? Chapter 5 5/20/2018 What’s Your Verdict? On a windy autumn day, Marcus was burning dry leaves in his backyard. When he went inside to answer the phone, flames from the fire leaped to the next door neighbor’s fence and then to a tool shed where a small can of gasoline exploded. Soon the neighbor’s house was ablaze, and it burned to the ground. DID MARCUS COMMIT A TORT? Duty=not to injure neighbor’s property Breach of Duty=when he left the fire unattended so it spread to neighbor’s property Injury=fire occurred when neighbor’s house was burned Causation=leaving the fire unattended was the proximate cause of the loss of the fence, tool shed and house. LAW

RESPONSIBILITY FOR ANOTHER’S TORTS All persons (including minors and insane persons) are personally responsible for their conduct and are liable for their torts Vicarious liability—when one person is liable for the torts of another (i.e. parents, employers) SHOULD YOUR PARENTS BE LIABLE FOR YOUR ACTIONS AND HAVE TO PAY DAMAGES IF YOU CAUSE HARM TO ANOTHER PERSON/PROPERTY?

McDonald’s Activity

What is an Intentional Tort? A tort in which the defendant intended to inflict the resulting injury (unlike negligence and strict liability)

WHAT ARE THE MOST COMMON INTENTIONAL TORTS? Assault Battery False imprisonment Defamation Invasion of privacy Trespass to land Conversion Interference with contractual relations Fraud

THE MOST COMMON INTENTIONAL TORTS Assault Person intentionally puts another in reasonable fear of an offensive or harmful bodily contact (words, gestures and must include a display of force) Battery The actual harmful or offensive touching of another (must be intentional) False imprisonment Intentional confinement of a person against their will and without lawful privilege.

Assault or Battery? Battery Assault Can you be charged with both assault and battery for the same incident?

THE MOST COMMON INTENTIONAL TORTS (continued) Defamation: A false statement that injures a person’s reputation or good name Slander—spoken Libel—written or printed Statement must include: A false statement Communicated to a third person Bring the victim into disrepute, contempt, or ridicule by others

THE MOST COMMON INTENTIONAL TORTS (continued) Invasion of privacy Uninvited intrusion into an individual’s personal relationships and activities in a way likely to cause shame or mental suffering Trespass to land Entry onto the property of another without consent Conversion Happens when a persons property is stolen and the person that owns it does not have control over the item.

WHAT ARE THE MOST COMMON INTENTIONAL TORTS? Interference with contractual relations When a third party interferes with a contract and the breaching of that contract Fraud Intentional or recklessly made misrepresentation of an existing important fact

UNINTENTIONAL TORTS A tort in which the defendant did not intend to inflict the resulting injury Negligence Strict liability

WHAT CONSTITUTES NEGLIGENCE? Negligence is most common tort. Intent to injure is not required for this tort—only careless behavior Britt was driving home late one rainy night after drinking alcohol all evening. With only one working headlight, she raced down residential streets at 60 mph. Meanwhile, Sue was backing out of her driveway, but she failed to look both ways first. Britt rammed into the right rear end of Sue’s car. Both drivers and both cars were badly injured. Which party is negligent in this case? Who will be able to recover from whom? Did each have a degree of fault due to negligence?

WHAT CONSTITUTES NEGLIGENCE? (four required elements) Chapter 5 5/20/2018 Duty imposed by negligence Reasonable-person standard—requires you act with care and good judgment not to cause injury Breach of duty The person’s actual conduct is compared to this reasonable-person standards to see if a violation has occurred. Injury Injury must be present Causation Defendant must have been the cause of the injury LAW

Defenses to Negligence Contributory negligence (plaintiff contributed to event b/c of their actions) Comparative negligence (plaintiff and defendant each contributed to event and share blame. Assumption of Risk (plaintiff aware of danger but took risk anyway.