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Types of Torts. As within Criminal law there are a variety of Torts The type of case, the circumstances are important in terms of the application of law.

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Presentation on theme: "Types of Torts. As within Criminal law there are a variety of Torts The type of case, the circumstances are important in terms of the application of law."— Presentation transcript:

1 Types of Torts

2 As within Criminal law there are a variety of Torts The type of case, the circumstances are important in terms of the application of law. The most common ones are: Intentional Torts- Strict Liability Property Torts- Duty to Visitors Dignitary Torts- Negligence Economic - Nuisance

3 Intentional Torts Assault · Battery False imprisonment Intentional infliction of emotional distress (IIED) Consent · Necessity Self defense

4 Property torts Trespass (land · chattels) Conversion: C onversion is a voluntary act by one person inconsistent with the ownership rights of another. It is a tort of strict liability. An example would be picking up somebody else's book and scribbling notes on it. The book has been converted by the scribbler. The action was voluntary, because it was deliberate and not accidental and it was inconsistent with the other person's right to peaceful enjoyment of his book Detinue: Is the wrongful detention of goods by an individual who claims to have a greater right to their immediate possession than the current possessor. Replevin: Is the recovery by a person of goods unlawfully taken out of his or her possession · Trover: is a form of lawsuit in common-law countries for recovery of damages for wrongful taking of personal property.

5 Dignitary torts Defamation Invasion of privacy False light: relates to the emotional stress to issues of false representations made by others (defamation) Breach of confidence: is a common law tort that protects private information that is conveyed in confidence. Abuse of process: is a common law intentional tort. It is to be distinguished from malicious prosecution. Another type of tort that involves misuse of the public right of access to the courts. Malicious prosecution Alienation of affections: a tort action brought by a deserted spouse against a third party alleged to be responsible for the failure of the marriage. The defendant in an alienation of affections suit is typically an adulterous spouse's lover, although family members, counselors, or clergy members who have advised a spouse to seek divorce have also been sued for alienation of affections.

6 Economic torts Fraud Tortious interference: when a person intentionally damages the plaintiff's contractual or other business relationships Conspiracy: is an agreement between two or more parties to deprive a third party of legal rights or deceive a third party to obtain an illegal objective Restraint of trade

7 Nuisance Public nuisance Strict liability torts Product liability Ultra hazardous activity Duty to visitors Trespassers Licensees Invitees Attractive nuisance

8 Negligence Duty of care Standard of care Proximate cause Res ipsa loquitur Calculus of negligence Rescue doctrine Duty to rescue Specific types of Negligence Negligent infliction of emotional distress (NIED) Employment-related Entrustment Malpractice (legal · medical)


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