Torts and Cyber Torts Chapter 5.2

Learning Objectives What is a tort? What is the purpose of tort law? What are the two basic categories of torts? What are the four elements of negligence? What is meant by strict liability? In what circumstances is strict liability applied? What is a cyber tort, and how are tort theories being applied in cyberspace?

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

Why It’s Important Learning the difference between a tort and a crime will help you understand how the justice system protects people from injury.

The Difference Between Criminal Law & 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.

ELEMENTS OF A TORT Duty Violation of the duty Injury Causation Not to injure another Not to interfere with the property rights of others Not to interfere with the economic rights of others Violation of the duty Must be proved before collection of damages Injury Must be proved – no injury – no tort Causation Breach caused the injury

RESPONSIBILITY FOR ANOTHER’S TORTS Vicarious liability One party is held liable for the torts of another Employers and employees Principals and agents Parents and children

The Basis of Tort Law A tort can also be a private, civil legal action to obtain monetary damages from a legal injury a person or property. Damages: Compensatory Damages: actual losses. Puts plaintiff in position he would have been in if the tort had not occurred. Special Damages: quantifiable such as lost wages, medical bills.

The Basis of Tort Law Punitive Damages: punish wrongdoer, typically only available in intentional torts. General Damages: nonmonetary losses such as pain and suffering.

The Basis of Tort Law Plaintiff (injured party) sues the Defendant (tortfeasor). Classification of Torts: Intentional. Unintentional (negligence-no fault). Strict Liability (absolute liability).

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

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

Which definition best describes “tortfeasor (wrongdoer)”? CHECKPOINT Which definition best describes “tortfeasor (wrongdoer)”? 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.

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

Reviewing What You Learned Section 5.2 Assessment Reviewing What You Learned What is the difference between a crime and a tort? What concept is at the heart of tort law?

Reviewing What You Learned How can a tort be committed? Section 5.2 Assessment Reviewing What You Learned How can a tort be committed? What are the most common intentional torts?

Reviewing What You Learned Answer Section 5.2 Assessment Reviewing What You Learned Answer 1) A crime is an offense against the public at large. A tort is a private wrong committed by one individual against another. 2) The law of torts is grounded in the concept of rights.

Critical Thinking Activity Tort Law Section 5.2 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 5.2 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.