Chapter 4 The Law of Torts

Tort One person’s interference with another’s rights, either through intent, negligence, or strict liability. Tortfeasor: the person who commits the tort.

Public’s Rights To be free from bodily harm To enjoy a good reputation To conduct business without interference To own property free from damage or trespass

Intentional Tort Assault and Battery Trespass Nuisance False Imprisonment Defamation Invasion of Privacy

Assault and Battery Assault: One leads another to believe that he/she is about to be harmed. Battery: Unlawful, unprivileged touching The victim must know that the person has tried to harm him or her. (Criminal assault can be carried out against an unconscious victim.)

Trespass The wrongful damage to or interference with the property of another. Refers to Real Property (land and things built on land) as well as any property owned

Trespass Continued Under common law, your property went from the center of the earth to the highest point in the sky. Modern law: It only extends to the tallest structure on your property. (Roof line)

Nuisance Anything that interferes with the enjoyment of life or property. i.e. Loud noises at night Smoke or fumes

False Imprisonment Making an arrest without probable cause or a warrant

Defamation Wrongful act of injuring another’s reputation by making false statements Libel: written or printed form, including radio, TV, video recordings, movies, photographs, signs, paintings, and statues Slander: spoken orally to a third party

Defamation Cont. Comments made on the floor of Congress and in court are privileged and cannot be subject of a lawsuit. Public Figures such as politicians, judges, entertainers, and athletes must prove more damage than the average person. They must also prove actual malice.

Invasion of Privacy Interfering with a person’s right to be left alone. Federal Privacy Act of 1974: Provides safeguards for individuals against the invasion of privacy by agencies of the federal government.

Invasion of Privacy Fair Credit Reporting Act: Credit bureaus must, on request, inform you about information they have on file about you. Right to Financial Privacy Act: Forbids financial institutions from opening your records to the government without proper authorization or a court order

Negligence: 1. Duty of Care Defendant owed the plaintiff 2. Breach of Duty Not exercising the degree of care a reasonable person would 3. Proximate Cause Something that produces a result, and without which, the result would not have occurred. Foreseeability Test 4. Actual Cause Plaintiff must show that they suffered actual harm. Physical injuries, property damage, or financial loss

Defenses to Negligence Contributory Negligence: negligence on the part of the plaintiff that assisted in causing his/her injuries. Comparative Negligence: negligence of each party is compared; the amount of recovery is redeemed by a percentage Assumption of Risk: Plaintiff knew the risk and still took the chance of injury

Strict Liability Activities that are so dangerous that the law will apply neither negligence nor intentional tort. Wild animals Explosives Highly inflammable liquids

Product Liability Occurs when defects in products which cause injury The product must be bought in the marketplace Seller must be in the ordinary business of that product