1. 2.03 Civil Law

2. What is a tort?
One person’s interference with another person’s rights, either through intent, negligence, or strict liability.

3. Based on 4 rights: Right to: Be free of bodily harm
Enjoy a good reputation
Conduct business without interference
Have property free from damage or trespass

4. Intentional vs. Unintentional
know and desire the consequences of your act
Unintentional
lacks the determination of mind.

5. Complete tort handout by end of class
Types of Torts
Complete tort handout by end of class

6. Negligence
Failure to exercise a degree of care that a reasonable person would have exercised in those circumstances

7. Required elements: 1. Duty of Care 2. Breach of Duty
Defendant owed the plaintiff a duty of care (based on the concept of their rights - stated previously).
2. Breach of Duty
Did the defendant exercise the same degree of care that a reasonable person would have.

8. Elements continued 3. Proximate Cause 4. Actual Harm
something that produces a result, without it the result would no have occurred.
Foreseeabilty Test
Was the injury to the plaintiff foreseeable at the time the defendant engaged in the unreasonable conduct?
4. Actual Harm
must show harm.

9. Defenses to Negligence
Contributory:
Negligence on the part of the plaintiff assisted in causing his or her injuries.
Comparative:
Determine % at fault and pay that %
Assumption of Risk:
Plaintiff knew the risk and still participated in the activity.

10. Strict Liability
Ultrahazardous activities are so dangerous that the laws of negligence do NOT apply to them.
Examples:
Wild Animals
Toxic Chemicals
Explosives

11. Remedies Compensation Injunction Money
Ordering a person to do or not to do something.