The Law Of Torts Chapter #4

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

Crime VS Tort Crime – Harm against not only specific individuals but also the general welfare Tort – is a private wrong committed by one person against another. Example #1 List some Torts:

Your Rights What are your given rights Right to be free from bodily harm The right to enjoy a good reputation The right to conduct business without unwarranted interference Right to one property free from damage or trespass

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

Intentional Torts Assault occurs when one person deliberately leads another person to believe that he or she is about to be harmed. Battery involves the unlawful, unprivileged touching of another person. Page 81

Crime of Assault VS Tort of Assault In a tort the person must know that the TORTFEASOR or person who committed the tort meant to commit harm. They must have suffered anguish or distress.

Trespass Wrongful damage to or interference with the property of another. Property anything you own (TV, Car, Wallet) Real Property – Includes land and things you built or grew on the land (house, corn Crop) Example #2

Nuisance Anything that interferes with the enjoyment of life or property Loud Noises Noxious odors Smoke or fumes

False Imprisonment Law enforcement officers must have probable cause or a warrant to arrest someone or they can be sued for false imprisonment.

Defamation Wrongful act of injuring another’s reputation by making false statement. It is divided into 2 categories Libel – is a false statement in written form or printed form Slander – Is false statements made orally to a third party.

Invasion of Privacy Interfering with a person’s right to be left alone, which includes the right to be free from unwanted publicity and interference with private matters. Your Records Your name or photo Federal Privacy Act 1974- Fair Credit Reporting Act Right to Financial Privacy Act

Negligence and Strict Liability What you’ll learn How to define negligence How to explain the elements of negligence How to define the major defenses to negligence How to define strict liability

Unintentional Torts Way you can breach your duty to society other than by committing an intentional tort. Negligence – Injury that is caused by a person’s mere carelessness Strict Liability – Injury caused by an individual’s participation in ultrahazardous activity

Negligence Is the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstance. Elements of Negligence Defendant owed the plaintiff a duty of care – Failed to act as a reasonable person would have This failure to use the degree of care required under the circumstance is called Breach of Duty This breach of duty was the proximate cause of the injury to the plaintiff The plaintiff suffered actual harm or injury

Duty of Care Plaintiff has to prove that they own them care Example #4

Breach of Duty Reasonable Person Test

Proximate Cause Is the legal connection between unreasonable conduct and the resulting harm. Was the injury foreseeable at the time Example #5

Actual Harm Did the plaintiff suffer physical, injuries, property damage, or financial loss?

Defenses to Negligence If any of the four part are missing Duty of care Breach of Duty Proximate Cause Actual Harm Contributory Negligence- Behavior of the plaintiff helped cause the injuries Comparative Negligence – Negligence of each party is compared and the amount recovered is reduced by that amount Example #7

Assumption of Risk You knew the risks involved and choose to do it anyway Skiing Attending a baseball game Sky Diving

Strict Liability Some activities are so dangerous that no matter what they are held liable Using explosives Keeping wild animals Product Liability – people are injured using a companies products Toyota recall: 3.8 million cars with risky floor mats NHTSA and world's largest automaker warn vehicle owners to remove driver's side floor mats in 7 Lexus and Toyota models.

Assignment Page 95 Questions 6-14