1. 1 Chapter 6 & 7 Outline (amended) 1.The Basics of Tort Law 2.Intentional Torts Against Persons 3.Intentional Torts Against Property (skip business torts for now) 4.Negligence (unintentional torts)

2. 2 §1: Basis of Tort Law A tort is a civil injury designed to provide compensation for injury to a legally protected, tangible or intangible, interest. There are intentional and unintentional (negligence) torts. There are actually 3 types of torts: -Intentional -Unintentional (negligence) -Strict Liability

3. 3 Def. Tort Tort—A civil wrong not arising from a breach of contract. A breach of a legal duty which is the proximate cause of harm to another.

4. 4 Types of Intentional Torts Against Persons: Assault and Battery. False Imprisonment. Infliction of Emotional Distress. Defamation. Invasion of Privacy. Misrepresentation (fraud) Against Property: Trespass to Land Trespass to personal property Conversion

5. 5 §2: Intentional Torts Against Persons The person committing the tort, the Tortfeasor or Defendant, must “intend” to commit the act. Intend means: –Tortfeasor intended the consequences of her act; or –She knew with substantial certainty that certain consequences would result.

6. 6 Assault and Battery ASSAULT is an intentional, unexcused act that: –Creates a reasonable apprehension of fear, or –Immediate harmful or offensive contact. –NO CONTACT NECESSARY. BATTERY is the completion of the Assault: –Intentional or Unexcused. –Harmful, Offensive or Unwelcome. –Physical Contact.

7. 7 Defenses to Assault & Battery Consent. Self-Defense (reasonable force). Defense of Others (reasonable force). Defense of Property.

8. 8 False Imprisonment False Imprisonment is the intentional: –Confinement or restraint. –Of another person’s activities. –Without justification. Merchants may reasonably detain customers if there is probable cause.

9. 9 Intentional Infliction of Emotional Distress An intentional act that is: –Extreme and outrageous, that –Results in severe emotional distress in another. Most courts require some physical symptom or illness.

10. 10 Defamation Intentionally and wrongfully (falsely) publishing a statement which damages the reputation of another. The publication can be oral (slander) or written (libel). Publication: third party must hear or see the statement –Statements made on internet may be actionable. –An individual who re-publishes the statement will be liable. –Generally, the statement must hold someone up to contempt, ridicule or hatred in the community.

11. 11 Defenses to Defamation Truth is generally an absolute defense. Privileged (or Immune) Speech. –Absolute: judicial & legislative proceedings. –Qualified: Employee Evaluations.

12. 12 Defamation-Public Figures Public figures exercise substantial governmental power or are otherwise in the public limelight. To prevail, they must show “actual malice”: statement was made with either knowledge of falsity or reckless disregard for the truth.

13. 13 Damages for Libel General Damages are presumed; Plaintiff does not have to show actual injury. General damages include compensation for disgrace, dishonor, humiliation, injury to reputation and emotional distress.

14. 14 Damages for Slander Rule: Plaintiff must prove “special damages” (actual economic loss). Exceptions for Slander Per Se. No proof of damages is necessary: –Loathsome disease, –Business improprieties, –Serious crime, –Woman is non-chaste.

15. 15 Invasion of Privacy Every person has a fundamental right to solitude freedom from public scrutiny. –Use of Person’s Name or Likeness. –Intrusion on Individual’s Affairs or Seclusion. –Publication of Information that Places a Person in False Light. –Public Disclosure of Private Facts.

16. 16 Fraudulent Misrepresentation Fraud is intentional deceit. Elements: –Misrepresentation of material fact; –Intent to induce another to rely; –Justifiable reliance by innocent party; –Damages as a result of reliance; –Causal connection. Fact vs. Opinion.

17. 17 Trespass to Land Trespass to Land: Entry onto, above, or below the surface of land without the owner’s permission or legal authorization. Any person who enters onto another’s property to commit an illegal act is deemed to have trespassed as a matter of law. Otherwise, the owner or legal occupant of the real property must establish that: (1) the trespasser ignored a posted “no trespassing” sign (or comparable notice), or (2) the trespasser ignored the owner’s or legal occupant’s request to leave the property.

18. 18 Trespass To Land (cont.) “Attractive Nuisance”: A landowner may be liable for injuries to children enticed to enter the property by, e.g., a swimming pool or an abandoned building. Defense to Trespass: Trespass may be justified or excused if the trespasser can prove: Necessity: she was trying to rescue another or save another’s life or property, or License: she was invited onto the owner’s property.

19. 19 TRESPASS TO PERSONAL PROPERTY AND CONVERSION Trespass to Personal Property: Taking or harming another’s personal property, in such a way as to interfere with the other person’s right to exclusive possession of his/her personal property, without the owner’s permission or legal authorization. The focus of trespass is injury to the owner’s enjoyment of his/her personal property, not injury to the property itself. Conversion: Taking, using, selling, or retaining possession of personal property that belongs to another without the other’s permission or legal authorization. Conversion assumes that the purported owner has a superior right of possession. Conversion may be excused by necessity.

20. 20 §4: Negligence Tortfeasor does not intend the consequences of the act or believe they will occur. Actor’s conduct merely creates a foreseeable risk of injury. Analysis: –Defendant owed Plaintiff a duty of care; –Defendant breached that duty; –Plaintiff suffered legal injury; –Defendant’s breach caused the injury.

21. 21 Duty of Care Defendant owes duty to protect Plaintiff from foreseeable risks that Defendant knew or should have known about. Courts use reasonable person standard (jury) to determine whether duty exists. Duty of Landowners to invitees. –Case : Martin v. Wal-Mart Stores, Inc. (1999).

22. 22 The consequences of an act are legally foreseeable if they are consequences that typically occur in the course of events. Whether an act is foreseeable is generally considered a matter of fact determined by the reasonable person standard (jury). Duty of Care: Foreseeability

23. 23 Causation (Exposes D to Liability) Causation in Fact—”but for” test—but for the negligent act, the harm would not have occurred (Limits Liability) Proximate Cause—Legal Cause—the resulting harm must have been reasonably foreseeable as a consequence of the act. Superseding Cause—an act/event that breaks the chain of causation.

24. 24 Defenses to Negligence Assumption of Risk. Superseding Intervening Cause. Contributory or Comparative Negligence.

25. 25 Special Negligence Doctrines Res Ipsa Loquiter. Negligence Per Se occurs when Defendant violates statute that causes injury to Plaintiff: –Statute sets out standard of care. –Plaintiff is member of class intended to be protected by statute. –Statute designed to prevent Plaintiff’s injury.

26. 26 Special Negligence Statutes “Danger Invites Rescue” Doctrine. Good Samaritan Statutes. Dram Shop Acts.