Chapter 3

Section 1

A tort is not a crime against society. It is a wrong one person commits against another person. Torts protect and enforce rights Walk around freely Privacy Reputation Tortfeasor- person committing the wrong

Three Elements to a Tort: 1. Possession of rights by an innocent party 2. Violation of rights by tortfeasor 3. Resulting injury that hurts the person whose rights are violated

Tort: Wrong against individual person Considered civil or private (not criminal) Can be considered both criminal and civil Ex: Assault –injures the victim and poses a threat to the public

Explain the differences between Tort law and Criminal law. Punishments? Cases? Violations?

Purpose of Punishments Criminal –protect society from offenders Tort –compensate the victim for injuries Pay damages (fair amount of money to cover the cost of injury Pain and suffering Medical bills Replace/repair damaged property Lost wages Punitive damages –additional fines awarded to victim the go beyond the damages awarded to right the wrong. Further punishes the defendant for outrageous misconduct and to deter the defendant

Describe how/why punitive damages may be awarded.

Intentional Torts Actions that deliberately hurt, embarrass, or scare people Most common: assault, battery, false imprisonment, defamation, invasion of privacy and intentional infliction of emotional distress.

Assault- as soon as you feel threatened with bodily harm Battery- touching the person or something on the person (backpack, pull a chair out)

The right to move around freely Mall cop must have reasonable grounds to stop an alleged shoplifter Person can be held for a reasonable time and in a reasonable way

Lying about another person in a way that hurts the innocent’s reputation Libel- lies in written, printed, or recorded form (TV, magazines, Web) Slander- lies made by verbal or spoken words Must prove the lie is made with malice

Right to be left alone, free from unwanted publicity, private matters Confidentiality (teachers, doctors, lawyers, nurses, etc)

Mental or emotional distress Must be caused by extreme and outrageous conduct Ex: Falsely and purposefully convincing someone a family member died

Most common: trespass, conversion, nuisance, and disparagement

Interfering with someone’s real property Land Things built on land Shed Attached to land House, tree, minerals, oil

Interfering with someone’s right to personal property Borrowing something and never returning it

Interfering with enjoyment of property Loud music, foul odors, fumes Private and Public nuisance

Lies about objects About quality or ownership List a used car in excellent condition, but is actually defective Prove you lost money due to the lie

Negligence is a tort that result when one person carelessly injures another. an accidental tort Most common tort Requires no actual intent by the tortfeasor Negligence is being less careful than a reasonable person would be Automobile accident Meltdown of nuclear power plant Slipping on ice

Plaintiff must prove: Defendant owed Duty of Care Defendant breached that duty by being careless Defendant’s carelessness was the proximate cause of harm Plaintiff was really hurt by carelessness Failing to prove JUST ONE will result in no remedy

Because every person has certain rights in our society, all of us have a duty to not violate these rights. Case is thrown out if the obligation to use a reasonable standard of care to prevent injury is not proven

You breach, or break, your duty to another person when you fail to use reasonable care in dealing with that person. Reasonable person test Must be as careful a reasonable person would be in the same situation Consider: How likely a certain act is to cause harm How serious the harm would be The burden involved in avoiding the harm

(Legal Cause) Exists when the link between the negligent conduct and the injury is strong enough to be recognized by the law Without proximate cause, there is not injury Foreseeability test Was the injury to the victim foreseeable at the time Defendant is liable for negligence

If a victim is not actually harmed, there can be no negligence Victim must suffer an injury, have property destroyed, or lose a lot of money Even the biggest mistake might not result in negligence

Eliminate one of the four elements Owed no duty Careful as a reasonable person Actions did not cause the victim’s injury Prove the victim was not really injured in the way the claim

Contributory Negligence Comparative Negligence Assumption of Risk

Defense against negligence whenever the defendant can show that the victim did something that helped cause their own injuries

Defense against negligence which is raised when the carelessness of each party is compared to the carelessness of the other party. Amount of damages is reduced by the percentage of carelessness Protects plaintiffs (can collect even if careless) 50% rule- plaintiff is allowed to receive some damages if the plaintiff's negligence is less than the defendant’s Plaintiff gets nothing if negligence is over 50%

Defense against negligence that is raised when the plaintiff knew of the risk involved and still took the chance of being injured. Extreme sports Sign an Assumption of Risk waiver

Some activities are so dangerous that liability will always follow any injury that results Ultrahazardous activities Risk is so great that no amount of care will eliminate the danger Using explosives Keeping wild animals

Product Liability: defective products Manufacturer and Seller are both liable Limits to Product Liability: Does not apply if the seller does not usually sell the item If the damage is to the product itself

Survival Statutes A lawsuit can continue even if both the plaintiff and the defendant die Wrongful Death Statutes Allows relatives to bring a lawsuit even if the victim is dead

1. Explain Duty of Care and provide an example. 2. Explain strict liability

Suppose you write a letter to the editor accusing the town mayor of corruption. The accusation turns out to be false. Can the mayor sue you? For what? Libel? Slander? Is there malice? Explain how these factor affect the possible suit.