The Law of Torts Chapter 4

Intentional Torts Crime: –Harm to specific individuals and also to the general welfare Tort: –Private wrong committed by one person against another Intentional Tort: –Occurs when a person knows and desires the consequences of his or her act

–Assault and Battery: Two separate torts –Tortfeasor: »Person who committed the tort –Trespass: Wrongful damage to or interference with the property of another –Nuisance: Anything that interferes with the enjoyment of life or property

–False Imprisonment: Making an arrest without meeting the correct requirements –Detain suspect for “reasonable” amount of time –Defamation: Wrongful act of injuring another’s reputation by making false statements –Invasion of Privacy: Interfering with a person’s right to be left along, which includes the right to be free from unwanted publicity and interference with private matters.

Negligence and Strict Liability Unintentional Torts: –Negligence: Injury that is caused by a person’s mere carelessness –Strict Liability: An individual’s participation in ultrahazardous activity

Negligence Elements of Negligence: –Must prove all of the following elements: The defendant owed the plaintiff a duty of care. In other words, the defendant failed to act as a reasonable person would have acted This failure to use the degree of care required under the circumstances is called a breach of duty The breach of duty by the defendant was the proximate cause of the injury to the plaintiff The plaintiff suffered some actual harm or injury

Defenses to Negligence Contributory Negligence: –Behavior by the plaintiff that helps cause his or her injuries Comparative Negligence: –The negligence of each party is compared Example 7 Page 92 Assumption of Risk: –Where the plaintiff knows the risk involved and still took the chance of being injured