What is a tort? What is a tort? What is the purpose of tort law? What are the two basic categories of torts? What is the purpose of tort law? What are the two basic categories of torts? What are the four elements of negligence?  What are the four elements of negligence?  © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

What is meant by strict liability? In what circumstances is it applied? What is meant by strict liability? In what circumstances is it applied? What is a cyber tort, and how are tort theories being applied in cyberspace? What is a cyber tort, and how are tort theories being applied in cyberspace? © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

A tort is a civil, legal injury to a person or property caused by a breach of a legal duty. A tort is a civil, legal injury to a person or property caused by a breach of a legal duty. Plaintiff (the injured party) sues the Defendant (the Tortfeasor) for damages: Plaintiff (the injured party) sues the Defendant (the Tortfeasor) for damages: – Compensatory Damages. – Punitive Damages. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Classification of Torts: Classification of Torts: – Intentional. – Unintentional (negligence-no fault). – Strict Liability (absolute liability). © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Intentional Tort: Intentional Tort: – Tortfeasor (one committing the tort) must have intended to commit the act, meaning he: Intended consequences or Knew with substantial certainty that certain consequences would result. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Assault and Battery. Assault and Battery. – Assault: the reasonable apprehension or fear of immediate contact. – Battery: completion (contact) of the assault. – Defenses: Consent. Self-Defense and Others. Defense of Property. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

False Imprisonment. False Imprisonment. – Confinement or restraint of another person’s activities without justification. – Merchants can detain a suspected shoplifter as long as there is probable cause. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Intentional Infliction of Emotional Distress. Intentional Infliction of Emotional Distress. – Extreme and outrageous conduct. – Some courts require physical symptoms. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Defamation. Defamation. – Publication of a false statement as fact (oral or written) that injures a person’s good reputation. CASE 4.1 Orlando v. Cole (2010). Were the attorney’s statements defamatory? – Third party must hear or see statement. – Statements made on the internet may be actionable. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Defamation (cont’d). Defamation (cont’d). – Publication Requirement. An individual who re-publishes the statement will be liable. – Statement must hold someone up to contempt, ridicule or hatred in the community. – Damages for Libel: general damages are presumed.  © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Defamation (cont’d). Defamation (cont’d). – Damages for Slander: plaintiff must show special damages, unless it is slander per se (no proof of damages is required): – Loathsome communicable disease. – Professional impropriety. – Imprisonment for a serious crime. – Unmarried woman is unchaste. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Defamation (cont’d). Defamation (cont’d). – Defenses: Truth is normally an absolute defense. Privilege: absolute (judicial and legislative proceedings) or qualified (good faith, limited). Public Figures: plaintiff must show statement made with “actual malice.” © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Invasion of the Right to Privacy. Invasion of the Right to Privacy. – Person has the right to solitude. Breach of that duty is a tort. Appropriation. Appropriation. – Use of another’s name or likeness without permission, and for the user’s benefit. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Fraudulent Misrepresentation: Fraudulent Misrepresentation: – Knowing misrepresentation of fact. – Intent to induce innocent party to rely. – Justifiable reliance by innocent party. – Causation and Damages. – Contrast: fact versus “puffery” or opinion.) Negligent Misrepresentation. Negligent Misrepresentation. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Abusive or Frivolous Litigation. Abusive or Frivolous Litigation. – Malicious Prosecution. – Abuse of Process. Wrongful Interference with Contractual Relationship. Wrongful Interference with Contractual Relationship. Valid, enforceable contract exists. Third party knows about contract. Third party intentionally causes either party to breach the original contract. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Wrongful Interference with Business Relationship. Wrongful Interference with Business Relationship. – Distinguish competition vs. predatory behavior. Predatory behavior is unlawfully driving competitors out of market. – To prevail, Plaintiff must show Defendant targeted only Plaintiff’s customers and product. Defenses to Wrongful Interference. Defenses to Wrongful Interference. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Trespass to Land. Trespass to Land. Trespass to Personal Property. Trespass to Personal Property. Conversion. Conversion. Trustees of University of District of Columbia v. Vossoughi – CASE 4.2 Trustees of University of District of Columbia v. Vossoughi (2009). Valuation of personal property depends on circumstances. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Disparagement of Property. Disparagement of Property. – Slander of Quality. – Slander of Title. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Negligence is an unintentional tort. Negligence is an unintentional tort. Occurs when someone suffers injury because of the defendant’s failure to comply with a legal duty. Occurs when someone suffers injury because of the defendant’s failure to comply with a legal duty. Defendant (tortfeasor) creates foreseeable risk of injury. Defendant (tortfeasor) creates foreseeable risk of injury. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Did the Defendant owe the Plaintiff a legal duty of care? Did the Defendant owe the Plaintiff a legal duty of care? Did the Defendant breach that duty? Did the Defendant breach that duty? Did the Plaintiff suffer a legal injury? Did the Plaintiff suffer a legal injury? Did the Defendant’s breach of duty cause the Plaintiff’s injury? Did the Defendant’s breach of duty cause the Plaintiff’s injury? © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Duty of Care and Its Breach. Duty of Care and Its Breach. – Reasonable Person Standard. How would a reasonable person have acted under the circumstances? – Duty of Landowners: keep business invitees and tenants safe in common areas. Exception: Obvious risks. – Duty of Professionals to clients (attorneys, CPA’s, doctors). © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Injury Requirement and Damages. Injury Requirement and Damages. – Plaintiff must suffer a legally recognizable injury. – Not all injuries can be compensated. Causation. Causation. – Causation in Fact (“but for” test). – Proximate Cause (foreseeably strong connection). © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Defenses to Negligence. Defenses to Negligence. Pfenning v. Lineman – Assumption of the Risk. CASE 4.3 Pfenning v. Lineman (2010). Was the plaintiff a participant in the golf game? – Superseding Cause: event must be unforeseeable. – Contributory Negligence (few jurisdictions): plaintiff recovers nothing if he is at fault.  © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Defenses to Negligence (cont’d). Defenses to Negligence (cont’d). – Comparative Negligence (more common). As long as Plaintiff is less than 50% at fault he can recover a pro-rata share of the verdict. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Special Negligence Doctrines and Statutes. Special Negligence Doctrines and Statutes. – Res Ipsa Loquitur. – Negligence Per Se. Violation of law is legal breach of duty. Plaintiff shows: Defendant broke a law/statute. Plaintiff is in special class to be protected; and Statute designed to prevent injury to Plaintiff.  © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Special Negligence Doctrines and Statutes (cont’d). Special Negligence Doctrines and Statutes (cont’d). – “Danger Invites Rescue” doctrine. – Dram Shop Acts. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Does not require fault, intent or breach of duty. Does not require fault, intent or breach of duty. Usually involves ‘abnormally dangerous’ activities and risk cannot be prevented. Usually involves ‘abnormally dangerous’ activities and risk cannot be prevented. Product Liability—manufacturers and sellers of harmful or defective products. Product Liability—manufacturers and sellers of harmful or defective products. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Identifying the Author of Online Defamation. Identifying the Author of Online Defamation. – Can a person be liable for a tort committed in cyberspace? Liability of Internet Service Providers. Liability of Internet Service Providers. – Communications Decency Act (1996). “No provider/user of an interactive computer service shall be treated as the publisher …provided by another information content provider.” © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.