Tort Law Chapter four

Tort Tort Private wrong committed by one person against another Involves one person’s interference with another person’s rights Will lead the wronged party to try and recover money for the loss or injury suffered Grounded in rights Doesn’t involve punishment from the government Tort

Latin word “twisted” A wrong against an individual tortus

A crime is an act against not only a specific individual, but the general welfare, as well. A tort is a private wrong committed by one person against another. Crime vs. Tort

Concept of rights Rights Free from bodily harm Enjoy a good reputation Conduct business with out interference Own property free from damage or trespass Competent care Concept of rights

Intentional Torts Assault Battery Trespass Nuisance Interference with contractual relations Deceit Go through the list on page 81 The tort of assault would be someone coming at you in a threatening manner. Battery is that person making contact. The diff between an assault tort and the crime is that the crime can be carried out if someone is already unconscious and would not include the tort due to no mental anguish. Trespass as a tort does not need to include harm to the property. Nuisance is usually what kind of right that is being interfered with? False imrisonment vs. kidnapping. Interfering with contractual relations would be causing someone to break a contract with someone else. Deceit lying with the intent to hurt another. Intentional Torts

Intentional Torts Conversion False imprisonment Defamation Invasion of privacy Misuse of legal procedure Infliction of emotional distress Conversion borrowing something to use for yourself with out permission False arrest by police (or retail loss prevention) Defamation of charaacter – libel is in writing and slander is spoken – must damage your reputation but if it is the truth, the charges will not hold . Invasion of privacy with medical records, tax information, credit card numbers, banking information etc Intentional Torts

In a public website forum, would it be considered defamation of character if a member were to post accusations about another member such as, "DO NOT DO BUSINESS WITH THIS PERSON--they are part of a scam ring using the USPS for fraudulent activity. Charges have been filed against this person.....I know your real name, your address, and your phone number.” Would you consider the example above as 'defamation of character', or is it not defamation of character if no one knows your true identity?  What if?

Define the difference between assault and battery? POP QUIZ! - Question

POP QUIZ! - Answer Assault is the intent towards someone to do harm Battery is the physical contact that harms someone POP QUIZ! - Answer

Unintentional Torts Negligence Duty of Care Breach of Duty caused an injury Proximate Cause Must suffer actual harm or injury Each element must be met. See example 4 on page 89 Also proximate cause will ask if the injury to the plaintiff foreseeable at the tiem that the defendant engaged in the unreasonable conduct. Reas example 5 page 90 Unintentional Torts

Defense against Negligence Disprove only one of the four elements No duty Reasonable standard conduct Not the proximate cause No injury (actual harm) was suffered Defense against Negligence

Defense against Negligence Contributory Negligence Comparative Negligence Assumption of Risk Did the plaintiff contribute to the negligence? Did the plaintiff contribute part of the negligence? If a baseball hits you when you are watching a baseball game can you sue? If you break a leg at a ski resort from skiing can you sue the resort? Defense against Negligence

Defective products Lion tamers Explosive expert Strict liability

What are the elements of negligence? POP QUIZ! - Question

POP QUIZ! - Answer Duty of Care Breach of Duty caused an injury Proximate Cause Must suffer actual harm or injury POP QUIZ! - Answer