The Law of TortsThe Law of Torts

Chapter 4Chapter 4

The Corner CafeThe Corner Cafe

Characters:Characters:

Jamila ………………….Ms. WaltonJamila ………………….Ms. Walton

Thai …………………….JacoyThai …………………….Jacoy

Daniel ………………….Daniel ………………….

Peggy ………………….KerishaPeggy ………………….Kerisha

Intentional TortsIntentional Torts

Section 4.1Section 4.1

What You’ll LearnWhat You’ll Learn

How to tell the difference between a How to tell the difference between a crime and a tort crime and a tort

How to explain the nature of tort lawHow to explain the nature of tort law How various torts can be committedHow various torts can be committed How to define various intentional How to define various intentional

tortstorts

Legal Terms Legal Terms

CrimeCrime

TortTort

Intentional tortIntentional tort

TortfeasorTortfeasor

nuisancenuisance

TrespassTrespass

False imprisonmentFalse imprisonment

DefamationDefamation

Invasion of privacyInvasion of privacy

Criminal Law vs. Tort LawCriminal Law vs. Tort Law

A crime is an offense against the public A crime is an offense against the public at large and is punishable by the at large and is punishable by the government.government.

A tort is a private wrong committed by A tort is a private wrong committed by one person against another. It involves:one person against another. It involves: One person’s interference with another One person’s interference with another

person’s rightsperson’s rights It will lead the wronged party to seek It will lead the wronged party to seek

compensation for the loss.compensation for the loss.

Intentional tortsIntentional torts

Intentional tort occurs when a person Intentional tort occurs when a person knows and desires the consequences knows and desires the consequences of his or her act.of his or her act.

Unintentional torts occur when the Unintentional torts occur when the person does not have this mental person does not have this mental determinationdetermination

Assault and BatteryAssault and Battery

Assault - threatening to strike or Assault - threatening to strike or harm with a weapon or physical harm with a weapon or physical movement, resulting in fearmovement, resulting in fear

Battery – unlawful, unprivileged Battery – unlawful, unprivileged touching of another person.touching of another person.

Tortfeasor – person who commits the Tortfeasor – person who commits the tort.tort.

TrespassTrespass

Trespass is the wrongful damage to Trespass is the wrongful damage to or interference with the property of or interference with the property of another.another.

Property refers to anything you own Property refers to anything you own Movable – (cars, VCRs, purses, wallets)Movable – (cars, VCRs, purses, wallets) Non-movable – (real property)Non-movable – (real property)

The tort of trespass refers mostly The tort of trespass refers mostly commonly to real property. commonly to real property.

NuisanceNuisance

The tort of nuisance is anything that The tort of nuisance is anything that interferes with the enjoyment of life interferes with the enjoyment of life and propertyand property Loud noises at nightLoud noises at night Noxious odorsNoxious odors Smoke or fumes coming from nearby Smoke or fumes coming from nearby

houseshouses

False ImprisonmentFalse Imprisonment

Law enforcement officers must have Law enforcement officers must have probable cause or a warrant to arrest probable cause or a warrant to arrest someone.someone.

Store personnel must have Store personnel must have reasonable grounds to suspect that reasonable grounds to suspect that shoplifting has occurred and they shoplifting has occurred and they must detain the suspect in a must detain the suspect in a reasonable manner for only a reasonable manner for only a reasonable amount of time.reasonable amount of time.

DefamationDefamation

The wrongful act of injuring someone The wrongful act of injuring someone reputation is called defamationreputation is called defamation

Categories of defamationCategories of defamation LibelLibel SlanderSlander

You can sue if the permanent statementYou can sue if the permanent statement Damages your reputationDamages your reputation Is falseIs false Is communicated to at least one other Is communicated to at least one other

personperson

Invasion of PrivacyInvasion of Privacy

Invasion of property is interfering Invasion of property is interfering with a person’s right to be left alonewith a person’s right to be left alone

Includes right to be free from Includes right to be free from unwanted publicity and interfering unwanted publicity and interfering wit private matterswit private matters

The Federal Privacy Act of 1974 The Federal Privacy Act of 1974 safeguards against the invasion of safeguards against the invasion of privacy by agencies of the federal privacy by agencies of the federal governmentgovernment

Section 4.1 AssessmentSection 4.1 Assessment

Reviewing What You LearnedReviewing What You Learned

Critical Thinking ActivityCritical Thinking Activity

Legal Skills in ActionLegal Skills in Action

Negligence and Strict Negligence and Strict LiabilityLiability

Section 4.2Section 4.2

What You’ll LearnWhat You’ll Learn

How to define negligenceHow to define negligence How to explain the elements of How to explain the elements of

negligencenegligence How to define the major defenses of How to define the major defenses of

negligencenegligence How to define strict liabilityHow to define strict liability

Legal TermsLegal Terms

NegligenceNegligence

Strict liabilityStrict liability

Breach of dutyBreach of duty

Proximate causeProximate cause

Contributory Contributory negligencenegligence

Comparative Comparative negligencenegligence

Assumption of riskAssumption of risk

Unintentional TortsUnintentional Torts

Injury caused by a person’s mere Injury caused by a person’s mere carelessness is known as carelessness is known as negligence.negligence.

Injury caused by an individual’s Injury caused by an individual’s participation in ultra hazardous participation in ultra hazardous activity is known as activity is known as strict liabilitystrict liability..

NegligenceNegligence

Negligence is failure to exercise the Negligence is failure to exercise the degree of care that a reasonable degree of care that a reasonable person would have exercised in the person would have exercised in the same circumstancessame circumstances

Elements of NegligenceElements of Negligence

The defendant owed the plaintiff a duty of The defendant owed the plaintiff a duty of carecare

This failure to use the degree of care This failure to use the degree of care required under the circumstances is called required under the circumstances is called a breach of dutya breach of duty

The breach of duty by the defendant was The breach of duty by the defendant was the proximate cause of the injury to the the proximate cause of the injury to the plaintiffplaintiff

The plaintiff suffered some actual harm or The plaintiff suffered some actual harm or injuryinjury

Duty of CareDuty of Care

Breach of DutyBreach of Duty Proximate causeProximate cause Actual harmActual harm

Defenses to NegligenceDefenses to Negligence

1.1. Argue they owe no duty to plaintiffArgue they owe no duty to plaintiff

2.2. Conduct conformed to the Conduct conformed to the reasonable person standardreasonable person standard

3.3. Conduct was not the proximate Conduct was not the proximate cause of the plaintiff’s injurycause of the plaintiff’s injury

4.4. The plaintiff suffered no injury.The plaintiff suffered no injury.

Contributory NegligenceContributory Negligence

Behavior by the plaintiff that helps Behavior by the plaintiff that helps cause his or her injuries may fall cause his or her injuries may fall under the doctrine of contributory under the doctrine of contributory negligence.negligence.

If the defendant can prove the If the defendant can prove the plaintiff’s negligence helped cause plaintiff’s negligence helped cause the injuries, the plaintiff loses the the injuries, the plaintiff loses the lawsuit.lawsuit.

Comparative NegligenceComparative Negligence

The negligence of each party is The negligence of each party is compared under the doctrine of compared under the doctrine of comparative negligence.comparative negligence.

The amount of the plaintiff’s The amount of the plaintiff’s recovery is reduced by the recovery is reduced by the percentage of his or her negligence.percentage of his or her negligence.

Comparative negligence protects Comparative negligence protects plaintiffs from realizing huge losses plaintiffs from realizing huge losses for comparatively minor acts of for comparatively minor acts of negligencenegligence

Assumption of RiskAssumption of Risk

If the defendant can show the plaintiff If the defendant can show the plaintiff knew of the risk involved and still knew of the risk involved and still took the chance of being injured, he took the chance of being injured, he or she can claim assumption of risk.or she can claim assumption of risk.

Strict LiabilityStrict Liability

If these activities injure someone or If these activities injure someone or damage property, the people engaged damage property, the people engaged in the activities will be held liablein the activities will be held liable

Examples of ultra hazardous activitiesExamples of ultra hazardous activities Using explosivesUsing explosives Keeping wild animalsKeeping wild animals Storing highly flammable liquidsStoring highly flammable liquids

Strict liability has also been applied to Strict liability has also been applied to product liabilityproduct liability

Section 4.2 AssessmentSection 4.2 Assessment

Reviewing what you learnedReviewing what you learned

Critical thinking activityCritical thinking activity

Legal skills in ActionLegal skills in Action

Chapter SummaryChapter Summary

Section 4.1 Intentional TortsSection 4.1 Intentional Torts Page 94Page 94

Section 4.2 Negligence and Strict Section 4.2 Negligence and Strict LiabilityLiability Page 94Page 94

The Law ReviewThe Law Review Answer #6 - 14Answer #6 - 14