unit 6 Tort Law SUNY CRIMINAL & BUSINESS LAW/MUSOLINO

6-2 Learning Objectives 1.Differentiate between the objectives of tort law and those of criminal law This will be bullet level one 2.Outline the nature of various liability 3.Discuss the element of duty 4.Identify the principal intentional torts and outline the elements of each 5.Determine the four elements of negligence

6-3 Learning Objectives 6.Contrast contributory negligence, comparative negligence, and assumption of the risk 7.Judge in a particular case whether the doctrine of strict liability applies 8.Discuss the emerging concept of e-tort law 9.Outline the various remedies available in tort law 10.Discuss the wrongful death and survival statutes

6-4Question? What is a private wrong that injures another person’s physical well-being, emotional health, business, property, or reputation? A.Duty B.Crime C.Fault D.Tort

6-5 Tort Law Defined Tort –a private wrong that injures another person’s physical well-being, emotional health, business, property, or reputation

6-6 Tort Law Versus Criminal Law The primary purpose of tort law is to compensate for the injured party’s loss Another objective is to protect potential victims by deterring future tortious behavior

6-7 Respondeat Superior Doctrine of respondeat superior ( also referred to as vicarious liability) –may impose legal liability on employers and make them pay for the torts committed by their employees within the scope of the employer’s business

6-8Question? What is an obligation placed on individuals because of the law? A.Tort B.Admission C.Duty D.Function

6-9 The Element of Duty A Duty –an obligation placed on individuals because of the law

6-10 Intentional Torts

6-11 Intentional Torts An Assault –occurs when the victim is placed in fear or apprehension of immediate bodily harm by a tortfeasor who has the present apparent ability to inflict that harm –No actual physical contact is needed for an assault A Battery –involves an offensive or harmful, unprivileged touching

6-12Question? When one party prevents another party from moving about freely it is called _________. A.Duty B.False imprisonment C.Tort D.Detention

6-13 Intentional Torts False Imprisonment –When one party prevents another party from moving about freely Defamation –Any false statement communicated to others that harms a person’s good name or reputation –Slander, libel

6-14 Intentional Torts Disparagement –involves any false statement communicated to others that somehow questions the quality of property or raises uncertainty as to who has legal ownership of that property

6-15 Intentional Torts Fraudulent misrepresentation –occurs when false statements or actions, or a combination thereof, are made by one party in a way that causes another party to rely on those misrepresentations and then suffers an injury or loss as a result.

6-16 Intentional Torts Invasion of Privacy Revelation of confidential records Intrusion Creating a false light Exploitation

6-17 Intentional Torts Intentional Infliction of Emotional Distress –Someone who intentionally or recklessly causes another individual to undergo emotional or mental suffering will be responsible, even without an accompanying physical injury –The actions complained of must be extreme and outrageous and cause severe emotional suffering

6-18 Intentional Torts Misuse of legal procedure –occurs when one person brings a legal action with malice and without probable cause –Wrongful civil proceedings –Malicious prosecution

6-19Negligence Elements of Negligence Legal duty Breach of duty Proximate cause Actual harm

6-20 Elements of Negligence

6-21Question? Which defense of negligence involves the failure of the injured party to be careful enough to ensure his or her personal safety? A.Assumption of the risk B.Comparative negligence C.Contributory negligence D.Causative negligence

6-22Question? Which defense of negligence requires courts to assign damages according to the degree of fault of each party? A.Assumption of the risk B.Comparative negligence C.Contributory negligence D.Causative negligence

6-23 Defenses to Negligence Contributory negligence –involves the failure of the injured party to be careful enough to ensure his or her personal safety Comparative negligence –statutes that require courts to assign damages according to the degree of fault of each party Assumption of the risk –involves the voluntary exposure of the victim to a known risk

6-24 Strict Liability Grounds for Strict Liability –court will hold a tortfeasor liable for injuries to a victim even though the tortfeasor did not intend the harm and was not in any way negligent –generally applied when the harm results from an ultra-hazardous or very dangerous activity

6-25 Strict Liability Product liability –legal theory that imposes liability on the manufacturer and seller of a product produced and sold in a defective condition A product in defective condition is unreasonably dangerous to the user, to the consumer, or to property

6-26 Electronic Torts An electronic tort –involves the invasion, distortion, theft, falsification, misuse, destruction, or financial exploitation of information stored in or related to an electronic device, including but not limited to desktop PCs, laptops, mobile phones, mainframes, phonecams, personal digital assistants (PDAs), and home computers that stand alone or are part of a network

6-27 Electronic Torts E-defamation –the communication of false and destructive information about an individual through the use of an electronic device

6-28 Electronic Torts E-Disparagement –involves any false statement communicated to others on the Internet that in some way casts doubt on the quality of an item of property or a product offered for sale E-invasion of privacy –the unwelcome intrusion into private matters initiated or maintained by an electronic device

6-29 Remedies for Torts Economic compensatory damages –those that are directly quantifiable Noneconomic compensatory damages – those that result from injuries that are intangible and therefore not directly quantifiable Punitive damages –designed to punish the tortfeasor so that similar malicious actions are avoided by others

6-30Question? What is a court order preventing someone from performing a particular act? A.Sanction B.Injunction C.Ruling D.Embargo

6-31 Remedies for Torts An Injunction –a court order preventing someone from performing a particular act

6-32 Survival Statutes Survival statutes allow a lawsuit to be brought even if both the plaintiff and the defendant are deceased Wrongful death statutes preserve the right to bring a lawsuit only if the death is caused by the negligence or intentional conduct of the person who caused the death