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Torts and Strict Liability n Tort Law –Wrongs and money –Civil law –Professional malpractice, assault, battery, false imprisonment, defamation, trespass,

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Presentation on theme: "Torts and Strict Liability n Tort Law –Wrongs and money –Civil law –Professional malpractice, assault, battery, false imprisonment, defamation, trespass,"— Presentation transcript:

1 Torts and Strict Liability n Tort Law –Wrongs and money –Civil law –Professional malpractice, assault, battery, false imprisonment, defamation, trespass, fraud, conversion, negligence

2 Intentional Torts n Intend to commit an act which interferes with the person or business of another in a way not permitted by law n No evil intent requirement n Tortfeasor knows with substantial certainty that certain consequences will occur

3 Assault and Battery n An intentional, unexcused act that creates in another a reasonable apprehension of immediate harmful or offensive contact –reasonable person standard n Completion of the act resulting in harm

4 Defenses to assault and battery M Consent M Self Defense from real or apparent danger M Defense of others

5 False Imprisonment n Intentional confinement or restraint of another person’s activities without justification –Physical barriers, restraint, or threats of force. –Not moral pressure n Defenses: probable cause

6 Intentional Infliction of Emotional Distress n An intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another –Eggshell plaintiff questions –Not indignity or annoyance except w/threat n Collection methods, misplacing bodies, phony bad news

7 Defamation n Libel - written –Require Publication Food Lion v. Melton –Damages for disgrace, humiliation, injured reputation, emotional distress n Defenses –Truth –Privileged speech n absolute or qualified –Public figures - actual malice

8 Defamation n Slander - verbal –“Special Damages” proof of actual economic or monetary damages –Per se n a loathsome communicable disease n committed improprieties while engaging in a profession or trade n committed or been imprisoned for a serious crime n an unmarried woman is unchaste

9 Invasion of the Right to Privacy n Use of person’s name, picture, or other likeness for commercial purposes without permission n Intrusion on an individual’s affairs or seclusion

10 Invasion of the Right to Privacy n Publication of information that places a person in a false light n Public disclosure of private facts about an individual that an ordinary person would find objectionable

11 Fraudulent Misrepresentation n Misrepresentation of material facts n Intent n Justifiable reliance n Damages/injury n Causal connection between misrepresentation and injury

12 Trespass to Land n Entering onto/above, or below another’s land without permission n Actual harm to land not required n “Center of the earth to the heavens”

13 Trespass to Land n Requirements –Post signs, not needed in some cases –Liability for injuries of a trespasser –Liability for damage to land –Reasonable duty rules –Attractive nuisance doctrine –Defenses: rescues, faulty ownership

14 Trespass to Personal Property n Conversion = Depriving an owner of their property without permission and without just cause and place the property in the service of the trespasser or another n Mistake is no defense, necessity is

15 Negligence n Tortfeasor does not have to intend the act or its consequences, simply create a foreseeable risk –Duty of care –Breach –Injury –Causation

16 Negligence n Duty of care –Reasonable person standard n careful, conscientious, prudent, even tempered, honest –Duty of landowners to guests, trespassers, business invitees n obvious risks Bray v. Kate –Duty of Professionals –No duty to rescue

17 Negligence n Injury –Compensatory damages –Punitive damages n Gross negligence = an intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another n BMW v. Gore

18 Negligence n Causation –Causation in fact - but for? –Proximate cause - How tenuous is the connection between the act and the injury n Forseeability n Palsfraf v. Long Island Railroad Co.

19 Negligence n Defenses –Assumption of risk n auto racing, bungee jumping n knowledge of risk + voluntary assumption –Superseding intervening cause n breaks the chain of causation –Contributory negligence n last clear chance –Comparative negligence - 50% or Pure

20 Negligence n Res Ipsa Loquitur –shifting the burden of proof n Negligence per se –Violation of a statute n statute sets out the standard of expected conduct n in the class protected n statute designed to prevent the type of injury that occurred

21 Negligence n Danger Invites Rescue –Liability for the rescuers injuries n Special Negligence statutes –Good Samaritan statutes –Dram shop acts

22 Strict Liability n Liability is imposed for reasons other than fault –Abnormally dangerous activities create extraordinary risks n Involve a potential harm of a serious nature to persons or property n Involve a high degree of risk that cannot be completely guarded against by the exercise of reasonable care n Not commonly performed in the community or area


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