1. View the following PowerPoint about civil law (torts).
Use the guided note document to take notes from the PowerPoint. If you prefer to take notes directly in your notebook, you can.
We will review this material tomorrow.

2. Chapter 5 Private Injuries
5/20/2018
Civil Law
Private Injuries
LAW

3. Civil Law (Torts) vs. Criminal Law
Crime: an offense committed against the public good or society.
Civil Law
Tort: a private wrong doing committed against a person.
Criminal Law
Prosecutor and Defendant Plaintiff and Defendant

4. Torts and Crimes
Can an act be both a tort and a crime? Yes Example: Murder (crime) and wrongful death (tort) If you commit a tort, the injured party can sue for DAMAGES (money award to compensate the injured party)

5. Torts and Crimes What’s Your Verdict?
When he applied for his license as a ferry pilot for the city, Kevin failed to tell the Coast Guard about his high blood pressure and prescription drug use. Three years later, while operating the ferry, Kevin passed out at the controls. The ferry crashed into the dock killing 18 commuters and injuring dozens more. At the time Kevin was also taking two medications for back pain. Both the pain medications list drowsiness as a possible side effect.
Did the ferry pilot’s conduct represent a criminal or civil wrong or both?
Both—tort of negligence, crimes of manslaughter and failure to report his medical status

6. ELEMENTS OF A TORT (must be proven for a civil wrong doing to have taken place)
Duty
Violation (Breach) of the duty
Injury
Causation

7. Duty Not to injure another
A legal obligation to do or not to do something. The duties under tort law are:
Not to injure another
Not to interfere with the property rights of others
Not to interfere with the economic rights of others

8. Violation of Duty Breach of the Duty
Must be proved before the injured party can collect damages
Intentional Torts—defendant intended to inflict harm
Negligence—harm occurred because of carelessness or neglect
Strict Liability—A person acted a certain way and caused an injury—neglect or carelessness doesn’t need to be present.

9. Injury
Harm must be caused. If there is no injury (harm), there is no tort
Injury resulting from the breach of duty must be proven
Must be a harm that is recognized by the law

10. Causation Proof that the breach of duty caused the injury
Proximate cause—exists when it is reasonably foreseeable that a breach of duty will result in an injury.

11. DID MARCUS COMMIT A TORT?
Chapter 5
5/20/2018
What’s Your Verdict?
On a windy autumn day, Marcus was burning dry leaves in his backyard. When he went inside to answer the phone, flames from the fire leaped to the next door neighbor’s fence and then to a tool shed where a small can of gasoline exploded. Soon the neighbor’s house was ablaze, and it burned to the ground.
DID MARCUS COMMIT A TORT?
Duty=not to injure neighbor’s property
Breach of Duty=when he left the fire unattended so it spread to neighbor’s property
Injury=fire occurred when neighbor’s house was burned
Causation=leaving the fire unattended was the proximate cause of the loss of the fence, tool shed and house.
LAW

12. RESPONSIBILITY FOR ANOTHER’S TORTS
All persons (including minors and insane persons) are personally responsible for their conduct and are liable for their torts
Vicarious liability—when one person is liable for the torts of another (i.e. parents, employers)
SHOULD YOUR PARENTS BE LIABLE FOR YOUR ACTIONS AND HAVE TO PAY DAMAGES IF YOU CAUSE HARM TO ANOTHER PERSON/PROPERTY?

13. McDonald’s Activity

14. What is an Intentional Tort?
A tort in which the defendant intended to inflict the resulting injury (unlike negligence and strict liability)

15. WHAT ARE THE MOST COMMON INTENTIONAL TORTS?
Assault Battery False imprisonment Defamation Invasion of privacy Trespass to land Conversion Interference with contractual relations Fraud

16. THE MOST COMMON INTENTIONAL TORTS
Assault
Person intentionally puts another in reasonable fear of an offensive or harmful bodily contact (words, gestures and must include a display of force)
Battery
The actual harmful or offensive touching of another (must be intentional)
False imprisonment
Intentional confinement of a person against their will and without lawful privilege.

17. Assault or Battery? Battery Assault
Can you be charged with both assault and battery for the same incident?

18. THE MOST COMMON INTENTIONAL TORTS (continued)
Defamation: A false statement that injures a person’s reputation or good name
Slander—spoken
Libel—written or printed
Statement must include:
A false statement
Communicated to a third person
Bring the victim into disrepute, contempt, or ridicule by others

19. THE MOST COMMON INTENTIONAL TORTS (continued)
Invasion of privacy
Uninvited intrusion into an individual’s personal relationships and activities in a way likely to cause shame or mental suffering
Trespass to land
Entry onto the property of another without consent
Conversion
Happens when a persons property is stolen and the person that owns it does not have control over the item.

20. WHAT ARE THE MOST COMMON INTENTIONAL TORTS?
Interference with contractual relations
When a third party interferes with a contract and the breaching of that contract
Fraud
Intentional or recklessly made misrepresentation of an existing important fact

21. UNINTENTIONAL TORTS
A tort in which the defendant did not intend to inflict the resulting injury
Negligence
Strict liability

22. WHAT CONSTITUTES NEGLIGENCE?
Negligence is most common tort. Intent to injure is not required for this tort—only careless behavior
Britt was driving home late one rainy night after drinking alcohol all evening. With only one working headlight, she raced down residential streets at 60 mph. Meanwhile, Sue was backing out of her driveway, but she failed to look both ways first. Britt rammed into the right rear end of Sue’s car. Both drivers and both cars were badly injured.
Which party is negligent in this case?
Who will be able to recover from whom?
Did each have a degree of fault due to negligence?

23. WHAT CONSTITUTES NEGLIGENCE? (four required elements)
Chapter 5
5/20/2018
Duty imposed by negligence
Reasonable-person standard—requires you act with care and good judgment not to cause injury
Breach of duty
The person’s actual conduct is compared to this reasonable-person standards to see if a violation has occurred.
Injury
Injury must be present
Causation
Defendant must have been the cause of the injury
LAW

24. Defenses to Negligence
Contributory negligence (plaintiff contributed to event b/c of their actions)
Comparative negligence (plaintiff and defendant each contributed to event and share blame.
Assumption of Risk (plaintiff aware of danger but took risk anyway.