The Law of Torts Chapter 4

The Corner Cafe Characters: Jamila ………………….Ms. Walton Thai …………………….Jacoy Daniel …………………. Peggy ………………….Kerisha

Intentional Torts Section 4.1

What You’ll Learn How to tell the difference between a crime and a tort How to tell the difference between a crime and a tort How to explain the nature of tort law How to explain the nature of tort law How various torts can be committed How various torts can be committed How to define various intentional torts How to define various intentional torts

Legal Terms Crime Crime Tort Tort Intentional tort Intentional tort Tortfeasor Tortfeasor nuisance nuisance Trespass False imprisonment Defamation Invasion of privacy

Criminal Law vs. Tort Law A crime is an offense against the public at large and is punishable by the government. A crime is an offense against the public at large and is punishable by the government. A tort is a private wrong committed by one person against another. It involves: A tort is a private wrong committed by one person against another. It involves: One person’s interference with another person’s rights One person’s interference with another person’s rights It will lead the wronged party to seek compensation for the loss. It will lead the wronged party to seek compensation for the loss.

Intentional torts Intentional tort occurs when a person knows and desires the consequences of his or her act. Intentional tort occurs when a person knows and desires the consequences of his or her act. Unintentional torts occur when the person does not have this mental determination Unintentional torts occur when the person does not have this mental determination

Assault and Battery Assault - threatening to strike or harm with a weapon or physical movement, resulting in fear Assault - threatening to strike or harm with a weapon or physical movement, resulting in fear Battery – unlawful, unprivileged touching of another person. Battery – unlawful, unprivileged touching of another person. Tortfeasor – person who commits the tort. Tortfeasor – person who commits the tort.

Trespass Trespass is the wrongful damage to or interference with the property of another. Trespass is the wrongful damage to or interference with the property of another. Property refers to anything you own Property refers to anything you own Movable – (cars, VCRs, purses, wallets) Movable – (cars, VCRs, purses, wallets) Non-movable – (real property) Non-movable – (real property) The tort of trespass refers mostly commonly to real property. The tort of trespass refers mostly commonly to real property.

Nuisance The tort of nuisance is anything that interferes with the enjoyment of life and property The tort of nuisance is anything that interferes with the enjoyment of life and property Loud noises at night Loud noises at night Noxious odors Noxious odors Smoke or fumes coming from nearby houses Smoke or fumes coming from nearby houses

False Imprisonment Law enforcement officers must have probable cause or a warrant to arrest someone. Law enforcement officers must have probable cause or a warrant to arrest someone. Store personnel must have reasonable grounds to suspect that shoplifting has occurred and they must detain the suspect in a reasonable manner for only a reasonable amount of time. Store personnel must have reasonable grounds to suspect that shoplifting has occurred and they must detain the suspect in a reasonable manner for only a reasonable amount of time.

Defamation The wrongful act of injuring someone reputation is called defamation The wrongful act of injuring someone reputation is called defamation Categories of defamation Categories of defamation Libel Libel Slander Slander You can sue if the permanent statement You can sue if the permanent statement Damages your reputation Damages your reputation Is false Is false Is communicated to at least one other person Is communicated to at least one other person

Invasion of Privacy Invasion of property is interfering with a person’s right to be left alone Invasion of property is interfering with a person’s right to be left alone Includes right to be free from unwanted publicity and interfering wit private matters Includes right to be free from unwanted publicity and interfering wit private matters The Federal Privacy Act of 1974 safeguards against the invasion of privacy by agencies of the federal government The Federal Privacy Act of 1974 safeguards against the invasion of privacy by agencies of the federal government

Section 4.1 Assessment Reviewing What You Learned Reviewing What You Learned Critical Thinking Activity Critical Thinking Activity Legal Skills in Action Legal Skills in Action

Negligence and Strict Liability Section 4.2

What You’ll Learn How to define negligence How to define negligence How to explain the elements of negligence How to explain the elements of negligence How to define the major defenses of negligence How to define the major defenses of negligence How to define strict liability How to define strict liability

Legal Terms Negligence Negligence Strict liability Strict liability Breach of duty Breach of duty Proximate cause Proximate cause Contributory negligence Comparative negligence Assumption of risk

Unintentional Torts Injury caused by a person’s mere carelessness is known as negligence. Injury caused by a person’s mere carelessness is known as negligence. Injury caused by an individual’s participation in ultra hazardous activity is known as strict liability. Injury caused by an individual’s participation in ultra hazardous activity is known as strict liability.

Negligence Negligence is failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances

Elements of Negligence The defendant owed the plaintiff a duty of care The defendant owed the plaintiff a duty of care This failure to use the degree of care required under the circumstances is called a breach of duty This failure to use the degree of care required under the circumstances is called a breach of duty The breach of duty by the defendant was the proximate cause of the injury to the plaintiff The breach of duty by the defendant was the proximate cause of the injury to the plaintiff The plaintiff suffered some actual harm or injury The plaintiff suffered some actual harm or injury

Duty of Care Breach of Duty Breach of Duty Proximate cause Proximate cause Actual harm Actual harm

Defenses to Negligence 1. Argue they owe no duty to plaintiff 2. Conduct conformed to the reasonable person standard 3. Conduct was not the proximate cause of the plaintiff’s injury 4. The plaintiff suffered no injury.

Contributory Negligence Behavior by the plaintiff that helps cause his or her injuries may fall under the doctrine of contributory negligence. Behavior by the plaintiff that helps cause his or her injuries may fall under the doctrine of contributory negligence. If the defendant can prove the plaintiff’s negligence helped cause the injuries, the plaintiff loses the lawsuit. If the defendant can prove the plaintiff’s negligence helped cause the injuries, the plaintiff loses the lawsuit.

Comparative Negligence The negligence of each party is compared under the doctrine of comparative negligence. The negligence of each party is compared under the doctrine of comparative negligence. The amount of the plaintiff’s recovery is reduced by the percentage of his or her negligence. The amount of the plaintiff’s recovery is reduced by the percentage of his or her negligence. Comparative negligence protects plaintiffs from realizing huge losses for comparatively minor acts of negligence Comparative negligence protects plaintiffs from realizing huge losses for comparatively minor acts of negligence

Assumption of Risk If the defendant can show the plaintiff knew of the risk involved and still took the chance of being injured, he or she can claim assumption of risk.

Strict Liability If these activities injure someone or damage property, the people engaged in the activities will be held liable If these activities injure someone or damage property, the people engaged in the activities will be held liable Examples of ultra hazardous activities Examples of ultra hazardous activities Using explosives Using explosives Keeping wild animals Keeping wild animals Storing highly flammable liquids Storing highly flammable liquids Strict liability has also been applied to product liability Strict liability has also been applied to product liability

Section 4.2 Assessment Reviewing what you learned Reviewing what you learned Critical thinking activity Critical thinking activity Legal skills in Action Legal skills in Action

Chapter Summary Section 4.1 Intentional Torts Section 4.1 Intentional Torts Page 94 Page 94 Section 4.2 Negligence and Strict Liability Section 4.2 Negligence and Strict Liability Page 94 Page 94 The Law Review The Law Review Answer # Answer #6 - 14