Chapter 4 The Law of Torts

Lesson 4-1 Objectives: After finishing this section, you will know: How to tell the difference between a crime and a tort How to explain the nature of tort law How various torts can be committed Hot to define various intentional torts

Tort or Crime The Difference between Criminal Law and Tort Law Crime- harm individuals and the general welfare Tort- private wrongs committed by one person against another Pg. 80 Example 1

Rights under Tort Law: right to be free from bodily harm right to enjoy a good reputation right to conduct business without unwarranted interference right to own property free from damage or trespass

Intentional Torts Intentional Torts Intentional Torts- Occurs when a person knows and desires the consequences of his/her act

Intentional Torts Assault and Battery Tort of assault occurs when one person deliberately leads another person to believe that he/she is about to be harmed Tort of battery involves the unlawful, unprivileged touching of another person, even if the physical contact is not harmful

Intentional Torts Tortfeasor- person who committed the tort Trespass- The wrongful damage to or interference with the property of another Property refers to anything you own including moveable items and non-moveable items Pg. 82 Example 2 Common law gave landowners privilege to the entire airspace and ground below. Today laws have been rewritten to limit the property of an owner.

Intentional Torts Nuisance- anything that interferes with the enjoyment of life or property Examples include: Loud noises at night Noxious odors Smoke or fumes coming from a nearby house A private nuisance affects only one person

Intentional Torts False imprisonment- false arrest Law enforcement officers must have probable cause or a warrant to arrest someone Determining what is “reasonable” can be difficult Pg. 84 Example 3

Defamation Defamation- wrongful act of injuring another’s reputation by making false statements Divided into 2 categories: Libel- false statement in written or printed form that injures another’s reputation or reflects negatively on that person’s character Examples include: Radio and Television Broadcasts Newspaper Stories Video and Audio Recordings Movies Photographs Signs Paintings

Defamation 2nd type: Slander- false statement that is made orally to a third party People are allowed to speak the truth as long as it is done without spite or ill will People in the public limelight must prove that false statements about them were made with actual malice Public figures are held to a more difficult standard because they have voluntarily chosen a lifestyle that naturally exposes them to close scrutiny by the press

Invasion of privacy- 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. The Federal Privacy Act of 1974 -provides safeguards for individuals against the invasion of privacy by agencies of the federal government.

Federal Privacy Act of 1974 Rights: to know what records are being kept about you to receive copies of any records to correct any errors agencies must have permission to use records for purposes other than those for which they were gathered

Federal Privacy Act 1974 People who work with records must keep them private. HIPPA, FERPA Not limited to written records, includes computers & internet. Also includes: Photograph Likeness Name

Federal Statutes Fair Credit Reporting Act-credit bureaus must, on request, inform you about information they have on file Right to Financial Privacy Act-forbids financial institutions from opening your records, most of which are kept in computer files, to the government without appropriate authorization from you or without an official court order

Assignment Page 87 Reviewing What You Learned #1-4 Critical Thinking Activity

Lesson 4-2 Objectives: After finishing this section, you will know: How to define negligence How to explain the elements of negligence How to define the major defenses to negligence How to define strict liability

Negligence & Strict Liability Unintentional Torts- breach of duty in society through acting in a careless manor Negligence- injury that is caused by carelessness Strict Liability- injury caused by an individuals participation in ultra-hazardous activity

Negligence Cases… The plaintiff must prove all of these elements: The defendant owed the plaintiff duty of care- the defendant failed to act as a reasonable person would have acted Failure to use the degree of care required under circumstances or breach of duty The breach duty by the defendant was the proximate cause of the injury to the plaintiff The plaintiff suffered some actual harm or injury

Duty of care- every person has certain rights in our society and all of us have a duty not to violate those rights. Example 4 – Page 89

Negligence Breach of Duty You may commit a breach of duty to another person by not exercising the degree of care that a reasonable person would exercise in the same situation. Proximate Cause Proximate Cause- legal connect between unreasonable conduct and resulting harm An action by the defendant may actually cause the plaintiffs injury but still not be the proximate cause. See Example 5 Page. 90

Actual Harm Because the essence of any tort suit is a violation of a duty that results in injury to plaintiff, a successful case must establish proof of actual harm Without actual harm even the dumbest mistake or the most careless conduct will not result in liability for negligence See Example 6 Page 90

Defense to Negligence Argue that they owed no duty to the plaintiff. Their conduct conforms to the reasonable person’s standard. Their conduct was not the proximate cause of the plaintiff’s injuries. The plaintiff suffered no injuries.

Contributory Negligence Behavior by the plaintiff that helps cause his or her injuries may fall under the doctrine of contributory negligence. If the defendant can prove that the plaintiff’s own negligence helped cause his or her injuries, the plaintiff loses the lawsuit.

Comparative Negligence The negligence of each party is compared under the doctrine of comparative negligence. The amount of the plaintiff’s recovery is reduced by the percent of his or her negligence. Protects plaintiffs from realizing huge losses for comparatively minor acts of negligence. See example 7 page 92.

Comparative Negligence Assumption of Risk If the defendant can show the plaintiff knew the risk involved and still took the chance of being injured, he or she may claim assumption of risk as a defense. Page 93 example.

Strict Liability 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.

Strict Liability Applies only to ultra hazardous activities that involve a great risk to people and property. No amount of care will eliminate the risk Examples: using explosives, keeping wild animals, storing highly flammable liquids

Strict Liability Also applied in product liability cases When people are injured by products, the manufacturer is liable for injuries regardless of fault Does not apply to occasional sellers- the seller of the defective product does not usually engage in the sale of such items Example: A corporation auctions off all machinery when their factory closes. = not liable for injuries

Assignment Page 93 Reviewing What You Learned #1-4 Critical Thinking Activity