1. I am so happy to have you all in class today 
Monday, November 13, 2017
Welcome!
I am so happy to have you all in class today 
Do Now:
Make sure your cell phones are on silent and off to the side.
Have something to write with and something to write on.
Be seated before the bell rings.

2. Do Now: Write down your answer to these questions…
Can the spreading of rumors result in a libel suit?
Does a legal wrong take place when an establishment disturbs a neighborhood?
Is someone’s privacy violated if a photograph of them is printed without their permission?
If someone’s carelessness does not result in an injury, has that person still been negligent?

3. Business Law Rustemeyer
Chapter 3: tort law
Business Law
Rustemeyer

4. Objectives: Understand the different classifications of crimes
Describe the role of the U.S. Legal System in criminal law
Explain and describe the elements of crimes

5. Section 1: Nature of Tort law
AKA: the ground concept of rights
Two different types of rights:
Rights entitled to because of life
Rights entitled to due to certain circumstance

6. Rights due to life:

7. Rights entitled to due to special circumstance

8. DON’T VIOLATE THE RIGHTS OF OTHERS! LET THEM BE!
Tort law!
DON’T VIOLATE THE RIGHTS OF OTHERS! LET THEM BE!
Serves in order to govern (shield) the difference between rights and duties.
“Wrongful act against another, a person’s interference with another’s rights.”
Three ways to commit tort:
Intent
Negligence
Strict liability

9. Tort vs. crime: Tort is defined as: Crime is defined as:
Wrongful act against the public
Interference and endangerment of people
PUBLIC AT LARGE: MULTIPLE PEOPLE
Wrongful act against an individual
Interference with another’s rights
INDIVIDUAL: ONE PERSON

10. Questions? Assignment:
Read page 56-59, starting with “Intentional Torts against Persons”
Come up with examples of each type of intentional tort

11. Business Law Rustemeyer
Intentional Torts
Business Law
Rustemeyer

12. Review: What is tort law commonly known as?
Name the two different types of rights we have?
The right to be free from bodily harm, to enjoy a good reputation, and to conduct business without unwarranted interference are examples of what right?
What are the three ways to commit a tort?
Explain the difference between torts and crimes.

13. The three elements to a tort:
The possession of certain rights by an innocent party
A violation of those rights by the tortfeasor
A resulting injury that somehow hurts the person whose rights were violated

14. Torts against people Assault and Battery:
Two separate torts, can be committed together or alone
Assault: Threatening harm
Battery: Unlawful, unwanted touching of another
Committed even without physical contact
Difference between Assault and Battery tort vs. crime?

15. Torts against people False Imprisonment:
Interfering with the right to move around freely
Example:

16. Torts against people Defamation:
When somebody lies about another person in a way that hurts the innocent person’s reputation
Liable defamation: written, printed, or recorded lies
Slander defamation: verbal (spoken) lies
Defamation to public figures?
Actual malice?

17. Torts against people Invasion of Privacy:
Interfering with a persons right to be left alone
Right to be free from unwanted publicity
Dealing with confidential records at work?
Using someone’s photo or name/number in advertising, publicity, or marketing campaigns?

18. Torts against people Intentional Infliction of Emotional Distress:
Example: falsely convincing another person that a flose family member has dies

19. Torts against property
Trespass:
Interfering with someone’s real property
Conversion:
Interfering with rights to personal property
Nuisance:
Interfering with the enjoyment of property
Disparagement:
Lies about all objects

20. You be the judge:
Plaintiff brought suit for assault and battery against Defendant, a five year-old boy. Plaintiff alleged that Defendant intentionally moved a chair as she was about to sit down so as to injure Plaintiff, but the trial court found he was instead trying to prevent injury and had no intention of injuring or embarrassing her.
Does the finding that a Defendant did not intend to cause offensive contact, injury, or embarrassment to a Plaintiff warrant dismissal of the Plaintiff’s claim for assault and battery? Is a Defendant’s age relevant in determining whether or not he has committed an intentional tort?

21. Assignment Section 3.1 Assessment #1-3
Academic Connection: Social Studies
Critical Thinking

22. Negligence
Chapter 3-2
Business Law

23. Negligence What does it mean to be negligent? Facts about negligence:
A tort that results when on person carelessly injures another
“… being less careful than a reasonable person should be in the same situation.”
Facts about negligence:
AKA:
Most common types of tort committed
Examples:

24. MUST PROVE ALL ELEMENTS
Negligence
To succeed in a tort suit for negligence, a plaintiff must prove:
The defendant owed the plaintiff a duty of care
The defendant breached the duty by being careless
The defendant’s carelessness was the proximate cause of harm
The plaintiff was really hurt by the defendant’s carelessness
MUST PROVE ALL ELEMENTS

25. Negligence: vOCAB Duty of Care: Breach of Duty:
Just like we all have certain rights in our society, we all have the duty not to violate those rights of others
“The obligation to use a reasonable standard of care to prevent injury to others”
Breach of Duty:
To break your duty to another person because of failing to use reasonable care in dealing with that person
The Reasonable Person Test

26. Reasonable Person Test
“… you must have to be as careful as a reasonable person would be in the same situation.”
Considering the following issues:
How likely a certain act is to cause harm
How serious the harm would be
The burden involved in avoiding the harm

27. Negligence: vOCAB Proximate Cause: AKA: Legal cause
Exists when the link between the negligent conduct and the injury is strong enough to be recognized by the law
No Proximate Cause. No Injury.
To prove proximate cause… Foreseeable Test
“if the injury to the victim was foreseeable, proximate cause exists, and defendant is liable for negligence.”

28. Negligence: Vocab Actual Harm No actual harm. No negligence.
Victim must suffer an injury, have property destroyed, or lose a lot of money.

29. Defense of negligence
Chapter 3-2
Business Law

30. Defense: Contributory
Contributory Negligence
Used to show that the victim did something to help cause injuries
Don’t care about the amount of negligence by victim
Many states no longer allow this as a defense

31. Defense: Comparative Comparative Negligence
When the carelessness of each party is compared to the carelessness of the other party
Amount able to receive is reduced by percent of carelessness they share
HELPS PLAINTIFFS!
50% RULE-
“plaintiff is allowed to receive compensation AS LONG AS amount of negligence is less than defendant.”

32. Defense: Assumption Assumption of Risk
When the plaintiff knew of the risk involved and still took the chance of being injured
Sports/Athletics, America Ninja Warrior, Fear Factor, etc.

33. Critical Thinking
Ronda begged Marcus for a ride home from school, even though she knew he had been ticketed for speeding and reckless driving on several occasions. On the way home, Ronda and Marcus were in an accident, and Ronda’s leg was broken. Ronda and her family decide to sue Marcus for his negligence. What do you think Marcus’s best defense strategy is?

34. Liability Strict Liability
A legal doctrine that says that some activities are so dangerous that liability will always follow any injury that results from those activities
AKA absolute liability

35. Liability
Which of the following would probably not be considered strict liability?
Raising tulips
Storing several 100-gallon tanks of propane gas in your garage
Raising tigers
Selling defective cars

36. Review All of the following are elements of negligence EXCEPT
Breach of Duty
Actual Harm
Comparative negligence
Proximate Cause

37. Review The three elements of a tort are
People rights, violation of those rights, injury from that violation
People rights, violation of those rights, negligence
People rights, negligence, proximate cause
None of these answers are correct

38. Review The statute of limitations specifies
The maximum amount of people who can file on the same claim
The time limit for consideration
The time limit for bringing a lawsuit
The maximum amount of money one can receive on a claim

39. Review Breaking and entering to any dwelling at any time of the day is
Burglary
Arson
Vandalism
Larceny

40. Review In a jury trial, who decides issues of fact? They jury
The trial judge
The defendant
The judges of the appellate court

41. Review
Battery and negligence are intentional torts.
True
False

42. Assignment
Textbook page 65
#1-3, Critical Thinking