1. Torts
Civil Liability

2. Bell-Work 1/23/17
If a driver is under the influence of alcohol while operating a motor vehicle and hits a person, killing them we would call this homicide. What if driver also hits another vehicle after hitting the person and before slamming his car into nearby house? Should the driver be held liable (responsible) for the repairs to both the house and the car and also responsible for pain and suffering of the family of the deceased? Why or Why not?

3. Learning Targets
I can define the term "tort" and describe the purpose of tort law.
I can explain the concept and purpose of liability.
I can define and distinguish the three main categories of torts: intentional, negligent, and strict liability.
I can identify the type of tort, if any that occurred, given a case scenario.
I can identify those who can be sued in a tort action.

4. Chapter 17

5. Introduction A civil wrong committed is a tort
Wrongs against the individual (Boe vs. Hamilton)
Damages (remedy) are compensations for wrongdoing
An act can be both a crime and a tort

6. The Idea of Liability Two Questions
Who should be responsible for harm caused by human activities
How much should the responsible person have to pay
Torts occur when one person causes injury to another person, person’s property, or reputation
Standards of Care – reasonable care which if failed to act in can result in liability
Types of Fault – can have one without the other
Moral
Civil
Settlement occurs when the two parties agree on a remedy without going to court
Weighing the options Settle or Suit

7. The Idea of Torts: Yesterday, Today, and Tomorrow
Based on Common Law (court decisions)
Based on Statutes
Balance between usefulness and harm (automobile)

8. Define reasonableness…
Bell-work 1/24/17
Define reasonableness…
Balancing the plaintiff’s need for Protection against the defendant’s claim of freedom to pursue his/her own ends.

9. Torts versus crimes Torts Crimes Purpose Compensation Punishment
Standard of Proof
Preponderance of Evidence
Beyond a Reasonable Doubt
Interests Violated
Individual’s Interest
Society’s Interest
Procedural Rules
Civil Rules
Criminal Rules

10. Types of Torts
Intentional Wrong – act completed with intent to injure person, property, or both
Negligence – person’s failure to use reasonable care causes harm
Strict Liability – activity so dangerous that there is serious risk even with greater than reasonable care
Owners of dangerous animals
People who engage in highly dangerous activities
Manufacturers and sellers of defective consumer products

11. Taking Your Case to Court
Introduction
Injured party may sue the party who caused the damage
Preponderance of Evidence – 50% of the weight of the evidence is in favor of one party or the other.
Who Can be Sued
Sue multiple individuals in the same suit
Typically against the person with the greatest amount money
Can sue minors, but must prove act unreasonable for person of that age and experience
Some groups of people have immunity (family members, governments, government officials)
Federal tort Claims Act – federal government can be held liable for negligent acts or omissions by government employees
Class action has multiple plaintiffs injured by one action
Settlement or damage award divided among the plaintiffs

12. Insurance Introduction Insuring a Car Workers’ Compensation
Type of contract where the buyer (insured) pays premiums in exchange for payment of damages caused by the insured person
Liability Insurance
Malpractice
Homeowners/Renters
Car
Without person is responsible for paying out of pocket (use Randy’s car accident as an example).
Insuring a Car
Workers’ Compensation

13. Intentional Torts

14. Bell-work

15. Introduction
A person who wants to do a certain act and then does it is said to have acted with intent
The required intent is do the forbidden act not a bad motive or a desire to cause harm.

16. Types of Damages
Compensatory Damages - awarded against harm done (injury) by the defendant
Nominal Damages – symbolic awards of wrong doing with no substantial injury
Punitive Damages – awarded due to defendant maliciousness, willfulness, or because of an “outrageous” act
Serves as warning to others
Can be awarded even when compensatory damages are not warranted
Legal Defense discuss legal defenses using criminal law book.

17. Torts that Injure Persons – reasonable person would perceive
Battery – requires contact, is intentional harmful or offensive contact, does not require the will to cause harm or offense only the contact which resulted in assault
Assault – intentionally placing someone in fear of an immediate harmful or offensive act.
In Kentucky this section includes assault, stalking, terroristic threatening, menacing, and criminal abuse; battery is not mentioned specifically, but is included in the definition of assault.
Reasonable or well-founded
Infliction of Mental Distress
Intentionally using words or actions that are meant to cause someone fright, extreme anxiety, or mental distress
Certain business have a special obligation to deal with the public in a courteous manner.
False Imprisonment – act of intentionally and wrongfully confining another person against their will.
Torts Related to Defamation – false statements communicated to a third person
Slander – oral statement
Libel – written statement
Proving the statement true is a defense, additionally opinions are typically protected under the First Amendment
Public figures must prove actual malice (knowledge of falsehood or reckless disregard for the truth)

18. Torts that Harm Property
Introduction
Protects against the interference with the owner’s exclusive use of the property
Protects against property being taken or damaged
Real Property
Trespass – occurs when a person goes onto another person’s property without permission, property owners have exclusive right to property.
Nuisance – occurs when there is an unreasonable interference with the use and enjoyment of your property.
Injunction – court order for a person to do or not do something specific.
Reasonable care to protect others from harm on your property
Trespassers are exempt from protection
Children who are unable to appreciate dangerous conditions are still protected
Businesses have a special duty to protect patrons.

19. Continued Personal Property
Compensation to someone whose personal property is taken, damaged, or interfered with.
Conversion – unlawful exercise control over another person’s personal property.
Reasonable force to protect property

20. Intellectual Property
Patents – invented intellectual property
Never been invented before (novel)
Lengthy process
Rights to invention for 20 years
Copyrights – forms of creative expression (such as books, music, and computer programs)
Once permanent automatic copyright
Lifetime of the author plus 50 years
Spark of creativity
Register by filling out the copyright form and sending two copies of the piece to the Library of Congress, cost $35 - $55.
Indicate copyright with a ©, the year, and the authors name
Owner has exclusive right to
Copy the work
Make similar but slightly different works
Sell copies
Display copies in public
Perform the work
Exceptions
First Sale – purchaser of the original work may sell that copy (different than pirating or bootleg copies)
Fair Use
Infringement – use of intellectual property without the permission of the owner
Public Domain – freedom to use and profit from a patented item

21. Fair Use
Copy-right infringement has occurred, but was minor. Or the copy is considerable acceptable.
Use of clips and pictures in academic material.
Reason that anytime you use a piece of Intellectual Property that you credit the source. (Called a reference, work cited, or bibliography.)

22. Defenses to Intentional Torts
Consent – plaintiff agreed to the harmful conduct and forfeited their right to sue
Limited consent
Spoken, written, or assumed
Privilege – defendant’s interest (or the public’s) requires the conduct
Legal Authority – police officers, parents, property owners
Self-dense – defendant is attacked by plaintiff, then sued by plaintiff
Reasonable force vs.
Deadly force – is excessive unless victim’s life is in danger
Defenders who become aggressors cannot claim self-defense
Example – Man 1 hits Man 2, Man 2 returns the punch to subdue Man 1, self-dense
Example 2 – Man 1 hits Man 2, Man 2 returns the punch to subdue Man 1, while Man 1 is subdued Man 2 continues to punch Man 1, no self-dense
Defense of property – KRS § 503