Law-Related Ch 17-20 Notes I. Torts: 1. A tort is a civil wrong. a. A civil wrong, or civil law, deals with conflicts between individuals or groups of individuals. 2. The purpose of tort law is to: a. compensate people for injuries. b. establish standards of care that society expects from people.

I. Torts Cont’d 3. A tort occurs when one person causes injury to another person, their property or their reputation. 4. Tort law helps determine: a. who should be liable, or responsible. b. what type of remedy there should be. The remedy will be something to make up the loss, usually money damages.

I. Torts Cont’d 5. Tort law is based on common law or statutory law. a. Common law is a type of law based on previous judicial decisions. b. These decisions are called precedents. There are three major categories of torts a. intentional torts b. Negligence c. strict liability

II. Intentional Torts: 1. An intentional tort occurs when a person acts with the intent of injuring a person, their property or both. a. An intentional tort can also be a crime. b. A person who has suffered an intentional tort can receive damages to make up for the harm caused.

II. Intentional Torts Cont’d 2. There are three main types of damages: a. Compensatory Damages: These damages compensate a person for harm caused by another. 1. They can include lost wages, pain and suffering and future losses. 2. A jury decides how much money will fully compensate the Injured person. b. Nominal Damages: These damages are symbolic awards of money. 1. They recognize that the defendant was wrong, even though they didn’t cause any substantial injury or loss. 2. One dollar is a common nominal damage.

II. Intentional Torts Cont’d c. Punitive Damages: These damages are amounts of money awarded to punish the defendant for malicious, willful or outrageous acts. 1. Punitive damages serve as a warning to others not to engage in that particular activity. 2. Punitive damages can be very high. 3. There are two types of intentional torts: a. those causing injury to a person. b. those causing harm to property.

II. Intentional Torts Cont’d 4. Intentional torts causing harm to a person are: a. battery: Definition same as criminal battery. 1. The defendant is liable for all resulting damages, regardless of expectations. 2. The test is whatever would offend an a average person in society. b. assault: Definition same as criminal assault. 1. The test is fear. 2. The fear must be reasonable and well founded. c. infliction of mental distress: This occurs when a person intentionally uses words or actions that are meant to cause someone fright, extreme anxiety or mental distress. 1. An actually physical injury isn’t required. 2. The acts must be outrageous and the plaintiff must prove extreme distress.

II. Intentional Torts Cont’d d. false imprisonment: This occurs when a person intentionally and wrongfully confines another person against their will. e. defamation: This occurs when a person makes false statements about a person that causes harm to that person’s reputation. 1. slander is spoken defamation. 2. libel is written defamation. 5. Intentional torts causing harm to property: a. protect against the interference with an owners exclusive use of their property. b. protect against property being taken or damaged. 6. Intentional torts causing harm to property deal with: a. real property: Land and any items attached. b. personal property: moveable property. c. intellectual property: a person’s idea or invention.

II. Intentional Torts Cont’d Intentional torts causing harm to property are: a. Trespass: This occurs when a person goes onto the property of another without permission. b. Nuisance: This is unreasonable interference with the use and enjoyment of property. 1. The court must weight the usefulness of the activity against any harm. 2. An injunction can be issued to stop a nuisance. An injunction is a court order prohibiting a certain act. c. Tort law also requires that a person use reasonable care to protect others from harm when on your property. 1. You must use reasonable care to eliminate a dangerous condition on your land. 2. With attractive nuisance, you must take precautions when a condition presents an unreasonable risk of injury to children who are likely to trespass. d. Conversion: This occurs when someone unlawfully exercises control over the personal property of another. e. Infringement: This occurs when a person uses patented or copyrighted work.

III. Negligence Negligence: 1. Negligence is the most common type of tort. 2. Negligence occurs when a person’s failure to use reasonable care causes harm. 3. There are four elements of negligence that must be proven: a. Duty: The plaintiff must show that the defendant owed a duty of care to the plaintiff. b. Breach of Duty: That duty was violated by the defendant’s conduct - using a reasonable person standard.

III. Negligence Cont’d c. Causation: The defendant’s conduct must have caused the harm to the plaintiff. 1. Cause in fact: The harm would not have occurred if not for the wrongful act of the defendant. 2. Proximate Cause: There was a close connection between the wrongful act and the harm caused – but the harm must have been foreseeable. d. Damages: The plaintiff must have suffered actual damages. 4. Defenses to negligence: a. Contributory Negligence: Some states won’t allow a plaintiff to recover damages if their actions contributed in any way to the harm suffered. b. Comparative Negligence: Most states allow the losses to be divided according to the degree to which each person is at fault. c. Assumption of Risk: A person voluntarily encounters a known danger and decides to accept the risk of that danger.

IV. Strict Liability Strict Liability 1. Strict liability applies when a defendant is engaged in an activity so dangerous that there is a serious risk of harm even if he or she acts with the utmost care. 2. No intent or negligence has to be proven with strict liability. 3. Strict liability applies to three groups of people: a. Owners of dangerous animals. b. People who engage in highly dangerous activities. c. The manufactures and sellers of defective consumer products.

Class Action – a lawsuit brought by one or more persons on behalf of a larger group Settlement – a mutual agreement between two sides in a lawsuit Contingency Fee – fee paid to an attorney based on a percentage of the sum awarded to his or her client in a lawsuit