2.03 Civil Law

What is a tort? One person’s interference with another person’s rights, either through intent, negligence, or strict liability.

Based on 4 rights: Right to: Be free of bodily harm Enjoy a good reputation Conduct business without interference Have property free from damage or trespass

Intentional vs. Unintentional know and desire the consequences of your act Unintentional lacks the determination of mind.

Complete tort handout by end of class Types of Torts Complete tort handout by end of class

Negligence Failure to exercise a degree of care that a reasonable person would have exercised in those circumstances

Required elements: 1. Duty of Care 2. Breach of Duty Defendant owed the plaintiff a duty of care (based on the concept of their rights - stated previously). 2. Breach of Duty Did the defendant exercise the same degree of care that a reasonable person would have.

Elements continued 3. Proximate Cause 4. Actual Harm something that produces a result, without it the result would no have occurred. Foreseeabilty Test Was the injury to the plaintiff foreseeable at the time the defendant engaged in the unreasonable conduct? 4. Actual Harm must show harm.

Defenses to Negligence Contributory: Negligence on the part of the plaintiff assisted in causing his or her injuries. Comparative: Determine % at fault and pay that % Assumption of Risk: Plaintiff knew the risk and still participated in the activity.

Strict Liability Ultrahazardous activities are so dangerous that the laws of negligence do NOT apply to them. Examples: Wild Animals Toxic Chemicals Explosives

Remedies Compensation Injunction Money Ordering a person to do or not to do something.