Unit 1 Chapter 6 Torts

What are Torts?How are they different than crimes?Offense against society vs individual

Elements of a Tort

Duty: a legal obligation owed another to do or not do something.

Breach: a violation of the duty. Injury: a harm that is recognized by the law.

Causation: proof that the breach caused the injury.

Duty

The duty not to injure another; this includes bodily injury, injury to someone’s reputation, or invasion of someone’s privacy.

The duty no to interfere with the property rights of others, for example, trespass.

The duty not to interfere with the economic rights of others, such as the right to contract.

Violation of Duty

A breach, or violation of the duty, must be proved before the injured party can collect damages. Whether there has been a breach of a tort duty is almost always a question of fact for a jury to decide.

Injury

Generally, injury resulting from breach of duty must be proved. If you act recklessly and no one is injured. There is no tort.

Causation

Causation is simply the idea that breach of duty caused the injury.– Proximate cause-causation is great enough for

it to be recognized by the law.– Proximate cause exists when it is reasonably

foreseeable that a breach will result in an injury

Intentional Torts

Assault---Threat to injure Battery---harmful or

offensive touching False imprisonment---

depriving freedom of movement without consent and without privilege

Defamation-false statement about product or individual-DisparagementSlanderLibelRequirements--- False

Communicated to 3rd

partyBring contempt,

ridicule, disrepute

Intentional Torts Continued

Invasion of Privacy-personal and fundamental right protected by constitution

Trespass-entry onto realty of another without permission.

Conversion-depriving of property.

Interference with contractual relations-encourage to breach.

Fraud-intentional misrepresentation of a material fact-relied on and causes injury.

Negligence Most common tortIntent not required Duty-reasonable man standard(prudent).

Degree of care varies-under 7 are presumed incapable of negligence, professionals are held to higher level of care,

Breach of duty-apply reasonable man standard. Violation of duty is cause of injury.

Defenses to Negligence

Concept:– Contributory vs

Comparative negligence as a defense

– Assumption of the risk-you know of the risk however, you take it anyway

Strict(Product) Liability

Responsible on an absolute basis.

Dangerous activities you are liable.

Producers are liable for their products.

Without this concept it would be difficult to prove negligence.

Damages

Monetary Damages Specific Performance Exemplary or Punitive

Damages

The origin of the word Oyez is Middle English, from Anglo-Norman, hear ye, imperative plural ofoyer, to hear. from Latin audire.

The history of OYEZ is illuminating. "Hearing the cry 'Oyez, oyez, oyez' in a courtroom may havepuzzled more than one auditor, especially if pronounced 'o yes.' This cry serves to remind us thatup until the 18th century, speaking English in a British court of law was not required and that onecould use Law French, a form of French that evolved after the Norman Conquest, whenAnglo-Norman became the language of the official class in England. Oyez descends from theAnglo-Norman oyez, the plural imperative of oyer, 'to hear'; thus oyez means 'hear ye' and wasused as a call for silence and attention. Although it would have been much heard in MedievalEngland, it is first recorded as an English word fairly late in the Middle English period, in a work

composed around 1425."

SOURCE: American Heritage Dictionary of the English Language