2 Warm-upDo “Applying Communication Skills” p One paragraph in your notebook.
3 What is A Tort?Defined- one persons interference with another’s rights, either through intent, negligence, or strict liabilty.Classified as intentional or unintentional.A person who commits a tort is called a tortfeasor.Civil Law vs. Criminal Law
4 Rights of People in Society Right to be free from bodily harmThe right to enjoy a good reputationRight to conduct business without unwarranted interferenceRight to have one’s property free from damage or trespass
5 Difference between a tort and a crime. Crime is against the public.Tort is against an individual.
7 Warm-upIf criminal law is responsible for dealing with individuals who commit wrongful acts, what purpose does tort law serve? 3-5 Sentences in your notebook.
8 Intentional TortsWrong that occurs when a person knows and desires the consequences of his or her act.AssaultBatteryTrespassNuisanceInterference w/ contractual relationsDeceitConversionFalse ImprisonmentDefamationInvasion of PrivacyMisuse of Legal ProcedureInfliction of Emotional Distress
9 Assault and Battery Two separate torts that may be committed together. Tort of assault different than the crime of assault.For a tort of assault to occur the victim must know that the tortfeasor has tried to harm him or her.Why- Purpose of criminal law vs. tort law
10 TrespassDefined- A wrongful injury to or interference with the property of another.Property does not have to be harmed to for someone to bring about a lawsuit.
11 NuisanceDefined- anything that interferes with the enjoyment of life or property.Two Types…..Private - against one personPublic- affects large group of people
12 False Imprisonment Defined- unlawful physical restraint of a person. Also known as false arrest.Example- False arrest for shoplifting!Suspects must be detained in a reasonable manner and for a reasonable amount of time.
13 Warm-up Read “Resolving Disputes” p. 55. Answer Questions #1-2 in your notebook. Use complete sentences.
14 Check Your AnswersNegotiation involves only the parties that have the dispute.Identify the interests, List the Choices, Determine Standards, Work Within Limits, Understand Alternatives.
15 DefamationDefined- Injuring another’s reputation by making false statements.Two types-Libel-written defamationSlander-spoken defamationIn order to prove defamation someone must prove a statement was:DamagingFalseCommunicated to at least one person.****N.Y. Times v. Sullivan (1971)****Public figures must also prove actual malice!
16 Are they libel or slander? RadioRumor spread by word of mouth.TVSignsMovies
17 Invasion of PrivacyDefined- interfering w/ a person’s right to be left alone.Federal Privacy Act of 1974Protects individuals privacy from being invaded by the government.Personal documents=confidential
18 Negligence Unintentional (Accidental) Tort Defined- the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.
19 Elements of Negligence Duty of CareBreach of DutyProximate CauseActual Harm
21 Breach of DutyNot exercising the degree of care that a “reasonable person” would exercise in that same situation.
22 Proximate CauseSomething that produces a result, and without which, the result would not have occurred.
23 Actual Harm Physical or Emotional Injuries Property Damage Financial Loss
24 Today’s Assignment Divide paper into 4 parts using markers. Draw 3 examples of intentional torts.Draw 1 example of an unintentional tort.On the back of the paper write names of group members and the torts that were illustrated.
25 Warm-upWhat is negligence?What are the elements of negligence?
26 Example of Duty of CareJulia was injured while diving at a public pool. The injury could have been avoided if the diving board had a guardrail. Julia sued the state’s Department of Health.
27 Example of Duty of CareThe court ruled the Department of Health had a duty to the state’s sanitary code, not a duty to inspect for safety problems. The Department of Health had no duty to Julia.
28 Intentional and Unintentional Torts When a person commits a wrong against another and knows and desires the consequences of his or her act.When acting in a careless manner causes damage or injury.ExamplesExamplesAssault and BatteryTrespassFalse imprisonmentNegligenceStrict liability
29 Defenses to Negligence Contributory Negligence- evolved into comparative negligence.Comparative Negligence- Negligence of each party is compared. Example: Auto Accidents Rule!Assumption of Risk: Used by baseball organizations when a fan is injured.
30 Strict LiabilityDefined- ultrahazardous activities that no amount of care will eliminate risk.Examples- using explosives, keeping wild animals, storing highly flammable liquids.If people are injured from these activities the person responsible will be held liable. There is no defense!
31 Wrongful DeathPeople affected by the death of a person have the right to sue.Have to be a family member.Usually reserved to husbands, wives, children, and parents.
32 Today’s Activity“Questions for Review” #1-9 p Do in your notebook.