Chapter 4- The Law of Torts

Warm-up Do “Applying Communication Skills” p. 60. One paragraph in your notebook.

What is A Tort? Defined- one persons interference with another’s rights, either through intent, negligence, or strict liabilty. Classified as intentional or unintentional. A person who commits a tort is called a tortfeasor. Civil Law vs. Criminal Law

Rights of People in Society Right to be free from bodily harm The right to enjoy a good reputation Right to conduct business without unwarranted interference Right to have one’s property free from damage or trespass

Difference between a tort and a crime. Crime is against the public. Tort is against an individual.

Today’s Activity “Language of the Law” p. 59.

Warm-up If criminal law is responsible for dealing with individuals who commit wrongful acts, what purpose does tort law serve? 3-5 Sentences in your notebook.

Intentional Torts Wrong that occurs when a person knows and desires the consequences of his or her act. Assault Battery Trespass Nuisance Interference w/ contractual relations Deceit Conversion False Imprisonment Defamation Invasion of Privacy Misuse of Legal Procedure Infliction of Emotional Distress

Assault and Battery Two separate torts that may be committed together. Tort of assault different than the crime of assault. For a tort of assault to occur the victim must know that the tortfeasor has tried to harm him or her. Why- Purpose of criminal law vs. tort law

Trespass Defined- A wrongful injury to or interference with the property of another. Property does not have to be harmed to for someone to bring about a lawsuit.

Nuisance Defined- anything that interferes with the enjoyment of life or property. Two Types….. Private - against one person Public- affects large group of people

False Imprisonment Defined- unlawful physical restraint of a person. Also known as false arrest. Example- False arrest for shoplifting! Suspects must be detained in a reasonable manner and for a reasonable amount of time.

Warm-up Read “Resolving Disputes” p. 55. Answer Questions #1-2 in your notebook. Use complete sentences.

Check Your Answers Negotiation involves only the parties that have the dispute. Identify the interests, List the Choices, Determine Standards, Work Within Limits, Understand Alternatives.

Defamation Defined- Injuring another’s reputation by making false statements. Two types- Libel-written defamation Slander-spoken defamation In order to prove defamation someone must prove a statement was: Damaging False Communicated to at least one person. ****N.Y. Times v. Sullivan (1971) ****Public figures must also prove actual malice!

Are they libel or slander? Radio Rumor spread by word of mouth. TV Signs Movies

Invasion of Privacy Defined- interfering w/ a person’s right to be left alone. Federal Privacy Act of 1974 Protects individuals privacy from being invaded by the government. Personal documents=confidential

Negligence Unintentional (Accidental) Tort Defined- the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.

Elements of Negligence Duty of Care Breach of Duty Proximate Cause Actual Harm

Duty of Care

Breach of Duty Not exercising the degree of care that a “reasonable person” would exercise in that same situation.

Proximate Cause Something that produces a result, and without which, the result would not have occurred.

Actual Harm Physical or Emotional Injuries Property Damage Financial Loss

Today’s Assignment Divide paper into 4 parts using markers. Draw 3 examples of intentional torts. Draw 1 example of an unintentional tort. On the back of the paper write names of group members and the torts that were illustrated.

Warm-up What is negligence? What are the elements of negligence?

Example of Duty of Care Julia was injured while diving at a public pool. The injury could have been avoided if the diving board had a guardrail. Julia sued the state’s Department of Health.

Example of Duty of Care The court ruled the Department of Health had a duty to the state’s sanitary code, not a duty to inspect for safety problems. The Department of Health had no duty to Julia.

Intentional and Unintentional Torts When a person commits a wrong against another and knows and desires the consequences of his or her act. When acting in a careless manner causes damage or injury. Examples Examples Assault and Battery Trespass False imprisonment Negligence Strict liability

Defenses to Negligence Contributory Negligence- evolved into comparative negligence. Comparative Negligence- Negligence of each party is compared. Example: Auto Accidents. 50-50 Rule! Assumption of Risk: Used by baseball organizations when a fan is injured.

Strict Liability Defined- ultrahazardous activities that no amount of care will eliminate risk. Examples- using explosives, keeping wild animals, storing highly flammable liquids. If people are injured from these activities the person responsible will be held liable. There is no defense!

Wrongful Death People affected by the death of a person have the right to sue. Have to be a family member. Usually reserved to husbands, wives, children, and parents.

Today’s Activity “Questions for Review” #1-9 p. 60. Do in your notebook.