The Law of TortsThe Law of Torts

JamilaTraiDanielPeggy

Have you ever been accused of an activity or behavior that was damaging to your reputation?

Have you ever felt your personal privacy was invaded?

crime (p. 80)crime (p. 80)tort (p. 80)tort (p. 80)intentional tort (p. 81)intentional tort (p. 81)tortfeasor (p. 82)tortfeasor (p. 82)trespass (p. 82)trespass (p. 82)nuisance (p. 83)nuisance (p. 83)false imprisonment (p. 83)false imprisonment (p. 83)defamation (p. 84)defamation (p. 84)invasion of privacy (p. 86)invasion of privacy (p. 86)

What is the difference between criminal law and tort law?

The Difference Between Criminal Law and Tort Law : A crime is an act against not only a specific

individual, but the general welfare, as well.▪ Offense against society… Punishable by

Government

A tort is a private wrong committed by one person against another.▪ Person injured as a result can sue and obtain a

judgment

One act can be both a tort and a crimeOne act can be both a tort and a crime.

The law of torts is grounded in the concept of rights.Under tort law all people are entitled to certain rights.

These include the right to:be free from bodily harm.enjoy a good reputationconduct business without unwarranted interference

The law imposes a duty on all of us to respect the rights of others.Tort law governs this interplay between rights and duties.

What is an intentional tort? Torts can be committed either

intentionally or unintentionally.An intentional tort occurs when a person knows and desires the consequences of his or her act.

Assault and Battery The tort of assault occurs when one person

deliberately leads another person to believe that he or she is about to be harmed.

The tort of battery involves the unlawful, unprivileged touching of another person. The tort of assault is different from the crime of assault.

The victim of a tort assault must know that the tortfeasor meant to commit harm.

A tortfeasor is the person who committed the tort.

Raymond slapped his wife Charlotte while they were arguing about child support. Which tort did Raymond commit—assault or battery?

Battery

Problem 17.12Problem 17.12a) Who is responsible for Dale’s injury? For

Mrs. Martinez’s injury?b) From whom will Dale recover damages?c) Is there a limit to the amount that Dale

can recover?d) From whom will Mrs. Martinez recover

damages? How will she recover those damages?

e) Is there a limit to the amount Mrs. Martinez can recover?

f) Why does the law treat these two injured people differently? Is this fair/ Explain.

Trespass A trespass is the wrongful damage

to or interference with the property of another.

Example 2, pg. 82 Sorensen and some friends went hunting on Lashutka’s private ranch w/o her permission. ▪ The landowner could bring a lawsuit for

the tort of trespass.▪ Notice that Sorenson and Friends did not

actual harm property.▪ Law of trespass presumes injury from

mere unwelcome presence on property by another

Nuisance The tort of nuisance is

anything that interferes with the enjoyment of life or property.

False Imprisonment Law enforcement officers must have

probable cause or a warrant to arrest someone, or they can be sued for false imprisonment, or false arrest.

Example 3, pg. 84 Betty Brandon, a store detective for Brennan’s Department Store, thought she saw a customer Gwen Forsythe place lipstick in her purse.

Detective apprehended woman and lock her in store room for questioning.

Betty and store owner became satisfied that Gwen was innocent and released her.

Gwen sued for false imprisonment and court ruled in favor of Gwen. Huge sum of money for her humiliation and emotional suffering.

Defamation Defamation is the wrongful

act of injuring another’s reputation by making false statements.▪ Libel is a false statement in

written form.▪ Slander is a false statement

made orally to a third party.

Invasion of Privacy Invasion of privacy

is interfering with a person’s right to be left alone, which includes the right to be free from unwanted publicity and interference with private matters.

Was there ever a time when you may have unintentionally caused an accident or an injury to another person or property.

If criminal law is responsible for dealing with individuals who commit wrongful acts, what purpose does tort law serve? Why do you need to understand the different intentional torts?

Tort law compensates victims, and in order to properly represent his or her client as a tortfeasor or a victim, an attorney must have a proper understanding of the different intentional torts.

negligence (p. 88)strict liability (p. 88)breach of duty (p. 88)proximate cause (p. 90)contributory negligence (p. 91)comparative negligence (p. 92)assumption of risk (p. 92)

Intentional Torts

Unintentional Torts

Torts

ExamplesExamples

When a person commits a wrong against another and

knows and desires the consequences of his or her

act.

Assault and BatteryTrespass

False imprisonment

ExamplesExamples

NegligenceStrict liability

When acting in a careless manner causes damage or

injury.

Negligence – mere carelessness

Negligence is an accidental or unintentional tort resulting because of the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.▪ Duty▪ Breach of duty▪ Actual or Proximate Cause▪ Injury

Some activities are so dangerous that the law Some activities are so dangerous that the law will apply neither the principles of negligence will apply neither the principles of negligence nor the rules of intentional torts to them.nor the rules of intentional torts to them.

According to strict liability, if these activities injure someone or damage property, the people engaged in the activities will be held liable, regardless of how careful they were and regardless of their intent.

Ultra Hazardous Activities Explosives Keeping wild animals Storing highly flammable liquids

Product Liability Exceptions

Vicarious liabilityVicarious liability is a form of strict, or secondary liability that arises under the common law doctrine of agency The responsibility of the

superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator.

Duty of Care All of us have a duty not to violate certain rights of others.

The plaintiff must demonstrate that the defendant owed him or her duty of care.

.

Duty of Care Example 4, pg. 89 While using a

diving board at public pool, Julia fell and was injured.

The injury could have been avoided if the diving board had a guard rail.

Julia sued the Health Department, arguing that the department had inspected the pool but did not do anything about the missing guardrail.

State Supreme Court ruled against Julia saying the State’s sanitary code required inspections only for health problems, not safety problems.

NO DUTY to Julia.

Breach of Duty “Reasonable person”

test Breach of duty is the

failure to use the degree of care that a reasonable person would exercise in that same situation.

The words “reasonable person” must be used when instructing the jurors.

Proximate CauseProximate CauseProximate cause is the legal connection between unreasonable conduct and the resulting harm. Without proximate cause, the result would not have occurred.

Proximate CauseProximate CauseExample 5, pg. 90 Mrs. Palsgraf was waiting for a train on the platform of the Long Island Railroad Company.

As another train was pulling out of the station, a man carrying a package ran to catch it.

A railroad attendant on the train pulled the man upward, while another attendant push him forward.

The man’s package fell to the ground, which contained fireworks and the resulting explosion shook the platform and knocked over some scales, which hit Mrs. Palsgraf.

Mrs. Palsgraf sued for negligence. Court ruled attendants could not reasonably foresee that pushing and pulling a man onto a train would injure a woman standing near.

Actual Harm or InjuryActual Harm or InjuryThe essence of any tort suit is a violation of a duty that results in injury to the plaintiff.The plaintiff must have actually suffered physical injury, property damage, or financial loss.

Example 6, pg. 90: Opening Scene: Jamila says that Trai’s foolish driving amounts to negligence.

Peggy reminds her that actual harm must result before Trai’s conduct would be negligent

Contributory Negligence Behavior by the plaintiff

that helps cause his or her injuries may be considered contributory negligence.

Comparative Negligence The negligence of each

party is compared under the doctrine of comparative negligence, and the amount of the plaintiff’s recovery is reduced by the percent of his or her negligence.

Percentage Rule of Percentage Rule of ResponsibilityResponsibility

Comparative Negligence Example 7, pg. 92:

Jason cohen sued Mark Goodhue for damages suffered in an automobile accident. The jury found the damages to $100,000, and also found that Jason was 10 percent negligent and Mark was 90 percent negligent. As a result, Jason could

only recover $90,000 instead of the full amount.

Assumption of Risk If the defendant can

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

Example – ballparks: Read the back of your ticket

Mediation: parties agree to have a third-party mediator hear the case facts and rule. Binding on the parties Cheaper compared to

Court Faster and more timely Usually more desirable

for less serious cases

Problem 17.6Problem 17.6a) Whom should Mrs. Hightower

sue for damages? Why?b) Who, if anyone, was at fault

in this case? Give your reasons.

c) What methods other than a civil trial could the plaintiff use to deal with this situation?

d) How could these methods work?

What is the difference between intentional and unintentional torts?

Under today’s law, to what extent do property owners own the airspace above their land?

What does the Federal privacy Act of 1974 require federal agencies do?

What defenses can you use if you are faced with a negligence suit?

Explain the difference between contributory negligence and comparative negligence

Explain how the tort of assault differs from the crime of assault

What types of people have a difficult time proving damage to their reputation as part of defamation lawsuits?

Under what circumstances may a defendant to a negligence suit claim the assumption of risk defense?

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