TORTS A tort is committed when……… (1) a duty owing by one person to another, is… (2) breached and (3) proximately causes (4) injury or damage to the owner of a legally protected interest.

Tort Defined DEFINITION One person’s interference with another’s rights; either intentionally or unintentionally (negligence).

Duties Not to injure another –…bodily –…reputation –…nor invade their privacy Not to interfere with property rights –…trespassing Not to interfere with economic rights –…right to contract

TORTS When a breach of duty occurs, harm may be inflicted … (1) intentionally (2) negligently, or (3) without fault (strict liability).

TORTS An injured party sues to recover damages in the form of … …or in some cases… Punitive damages are awarded when the defendant’s tortious conduct has been … intentional and outrageous Showing malice or fraudulent or evil motive compensation punitive damages

Distinguish The purpose of criminal law is... The purpose of tort law is to... To punish the wrongdoer compensate the injured party

Intent Desire to cause the consequences …or have knowledge that the consequences are substantially likely

INTENTIONAL TORTS Assault and battery Trespass Nuisance Interference with Contractual Relations Deceit or Fraud Conversion False Imprisonment

Malicious Prosecution Defamation Libel Slander Invasion of Privacy Emotional Suffering INTENTIONAL TORTS

Duty- requires that we act as a reasonable person… with care, prudence and good judgment so as not to cause injury. UNINTENTIONAL TORTS Degrees of care: --children under 7 incapable of negligence --older children held to care of like reasonable child --if child is engaged in adult activity– same standard as adult NEGLIGENCE

Professionals and tradespersons are held to a higher degree of care in their work NEGLIGENCE UNINTENTIONAL TORTS

DEFENSES --Contributory negligence --Comparative Negligence --Assumption of Risk

STRICT LIABILITY Liable – even though the defendant was not negligent Proof of the defendant’s activity and the injury are all that is needed for breach of duty.

CRITERIA for strict liability: STRICT LIABILITY Engaged in abnormally dangerous activities Owning dangerous animals Selling goods that are unreasonably dangerous

STRICT LIABILITY Under strict liability the manufacturer and any sellers in the chain of distribution are liable to any buyer of a defective product who is injured by the product.

Damages –Money compensation –Injunction –Punitive damages STRICT LIABILITY