Chapter 7 Civil Law

Torts – the American Way Major developments –Civil rights –Title Nine Tort = a private wrong committed against another's person/property –Intentional torts –Unintentional torts (negligence) –Tortfeasor –Strict Liability

Intentional Torts Assault –An intentional threat or attempt that places another in fear of an immediate harmful or offensive touching Battery – harmful or offensive contact with another Defenses? Consent/ Self Defense What do you need before you can collect damages?

More Intentional Torts False Imprisonment – being held against one’s will –Common law – need the threat of bodily harm –Shop-keeper rights Reasonable belief Reasonable detainment period False Arrest Intentional Infliction of Emotional Distress –Outrageous conduct that causes mental/physical damage to another Reasonable or subjective test?

Defamation/ Slander Defamation – false statement injuring the reputation of another –Slander is oral defamation Slander per se – no need to show damages –Stating that another has a venereal disease –That an unmarried woman is unchaste –That someone has committed a felony –Libel is the written form of defamation How many people need to hear/read the statement? Privileged statements pg 311 New York Times Case

Defamation Continued Defenses? –Opinions? Newspapers –The best defense of all is _______________. Invasion of Privacy –Unreasonable intrusion into the seclusion of another –Publicity that casts an unfavorable shadow –Unreasonable publicity given to another’s private life Tommy Lee and Pamela

More Intentional Torts Appropriation Conversion –Taking another’s property and turning it into your own Trespass –Land –Personal property –What if you have a license or an emergency?

Fraud Misrepresentation –A false representation –Of a factual matter –That is material –Made with the intent to induce victim to act –Victim relies –An injury occurs –Socket wrenches Bad faith – duty of conflict by insurance companies

Negligence Factors needed for negligence –Duty of care was owed –The defendant breached duty through unreasonable conduct –The plaintiff suffered injury –Causation can be shown Ordinary Care –The amount of care exercised by the reasonable man –Who is the reasonable man? Where does he live? –Who do you owe care? Other drivers? Trespassers?

Causation Have to link the negligent act to the injury –Need an act or omission that lead to the injury happening:“But for” –Proximate Cause – has to be a foreseeable consequence of action/inaction. –Res Ispa loquitor Surgery –Negligence Per se Statute has to be designed to _____________.

Defenses Intervening Causes –Acts of God Good Samaritan Laws –Do you have to help? –Gross Negligence Assumption of Risk Contributory Negligence –Common law = no recovery

Comparative Negligence P has to be less than 50% negligent –Reward is proportional to negligence If P is 15% negligent and D is 85% and 100 dollars is the amount of damages. P can collect $85 from D. –In an 80/20 state, P can be no more than 20 percent at fault to recover.

Special Negligence Topics Professional Malpractice –Duty owed set by profession Trespassers –At common law no duty owed towards trespasser Spring guns? –Attractive Nuisances Dram Shop Acts

Strict Liability Some activities are so dangerous that strict liability is imposed Workers Compensation –Why not let the contracting process take care of risk of injury? –Workers Comp Claim Claimant must be an employee The injury must be a work-related one The employee must file a timely claim –Can you still claim your employer

Strict Liability for Manufacturers Common Law rule was negligence in manufacturing. Now strict liability for defective products –Best defense is a good misuse –P just needs to show that the product was defective –Is this rule economically advantageous? Cigarettes –Why not just outlaw them?

Show me the money! Compensatory Damages –Actual damages eg. Your car is damaged Special damages – damages that result out of pocket eg. Medical expenses General damages – pain and suffering –What is loss of consortium? Punitive Damages Nominal Damages - $1 – Why bother?

Collecting Judgment Can’t get oil from a lemon. Can get a judgment against someone Lien arises –Good for 10 years –Attaches to real property –Have to execute –Can garnish wages –Homestead exemption