1. Chapter 4
The Law of Torts

2. Lesson 4-1 Objectives: After finishing this section, you will know:
How to tell the difference between a crime and a tort
How to explain the nature of tort law
How various torts can be committed
Hot to define various intentional torts

3. Tort or Crime The Difference between Criminal Law and Tort Law
Crime- harm individuals and the general welfare
Tort- private wrongs committed by one person against another
Pg. 80 Example 1

4. Rights under Tort Law: right to be free from bodily harm
right to enjoy a good reputation
right to conduct business without unwarranted interference
right to own property free from damage or trespass

5. Intentional Torts Intentional Torts
Intentional Torts- Occurs when a person knows and desires the consequences of his/her act

6. Intentional Torts Assault and Battery
Tort of assault occurs when one person deliberately leads another person to believe that he/she is about to be harmed
Tort of battery involves the unlawful, unprivileged touching of another person, even if the physical contact is not harmful

7. Intentional Torts Tortfeasor- person who committed the tort
Trespass- The wrongful damage to or interference with the property of another
Property refers to anything you own including moveable items and non-moveable items
Pg. 82 Example 2
Common law gave landowners privilege to the entire airspace and ground below. Today laws have been rewritten to limit the property of an owner.

8. Intentional Torts
Nuisance- anything that interferes with the enjoyment of life or property
Examples include:
Loud noises at night
Noxious odors
Smoke or fumes coming from a nearby house
A private nuisance affects only one person

9. Intentional Torts False imprisonment- false arrest
Law enforcement officers must have probable cause or a warrant to arrest someone
Determining what is “reasonable” can be difficult
Pg. 84 Example 3

10. Defamation
Defamation- wrongful act of injuring another’s reputation by making false statements
Divided into 2 categories:
Libel- false statement in written or printed form that injures another’s reputation or reflects negatively on that person’s character
Examples include:
Radio and Television Broadcasts
Newspaper Stories
Video and Audio Recordings
Movies
Photographs
Signs
Paintings

11. Defamation
2nd type:
Slander- false statement that is made orally to a third party
People are allowed to speak the truth as long as it is done without spite or ill will
People in the public limelight must prove that false statements about them were made with actual malice
Public figures are held to a more difficult standard because they have voluntarily chosen a lifestyle that naturally exposes them to close scrutiny by the press

12. Invasion of privacy- interfering with a person’s right to be left alone, which includes the right to be free from unwanted publicity and interference with private matters.
The Federal Privacy Act of provides safeguards for individuals against the invasion of privacy by agencies of the federal government.

13. Federal Privacy Act of 1974 Rights:
to know what records are being kept about you
to receive copies of any records
to correct any errors
agencies must have permission to use records for purposes other than those for which they were gathered

14. Federal Privacy Act 1974
People who work with records must keep them private.
HIPPA, FERPA
Not limited to written records, includes computers & internet.
Also includes:
Photograph
Likeness
Name

15. Federal Statutes
Fair Credit Reporting Act-credit bureaus must, on request, inform you about information they have on file
Right to Financial Privacy Act-forbids financial institutions from opening your records, most of which are kept in computer files, to the government without appropriate authorization from you or without an official court order

16. Assignment Page 87 Reviewing What You Learned #1-4
Critical Thinking Activity

17. Lesson 4-2 Objectives: After finishing this section, you will know:
How to define negligence
How to explain the elements of negligence
How to define the major defenses to negligence
How to define strict liability

18. Negligence & Strict Liability
Unintentional Torts- breach of duty in society through acting in a careless manor
Negligence- injury that is caused by carelessness
Strict Liability- injury caused by an individuals participation in ultra-hazardous activity

19. Negligence Cases… The plaintiff must prove all of these elements:
The defendant owed the plaintiff duty of care- the defendant failed to act as a reasonable person would have acted
Failure to use the degree of care required under circumstances or breach of duty
The breach duty by the defendant was the proximate cause of the injury to the plaintiff
The plaintiff suffered some actual harm or injury

20. Duty of care- every person has certain rights in our society and all of us have a duty not to violate those rights.
Example 4 – Page 89

21. Negligence Breach of Duty
You may commit a breach of duty to another person by not exercising the degree of care that a reasonable person would exercise in the same situation.
Proximate Cause
Proximate Cause- legal connect between unreasonable conduct and resulting harm
An action by the defendant may actually cause the plaintiffs injury but still not be the proximate cause.
See Example 5 Page. 90

22. Actual Harm
Because the essence of any tort suit is a violation of a duty that results in injury to plaintiff, a successful case must establish proof of actual harm
Without actual harm even the dumbest mistake or the most careless conduct will not result in liability for negligence
See Example 6 Page 90

23. Defense to Negligence Argue that they owed no duty to the plaintiff.
Their conduct conforms to the reasonable person’s standard.
Their conduct was not the proximate cause of the plaintiff’s injuries.
The plaintiff suffered no injuries.

24. Contributory Negligence
Behavior by the plaintiff that helps cause his or her injuries may fall under the doctrine of contributory negligence.
If the defendant can prove that the plaintiff’s own negligence helped cause his or her injuries, the plaintiff loses the lawsuit.

25. Comparative Negligence
The negligence of each party is compared under the doctrine of comparative negligence.
The amount of the plaintiff’s recovery is reduced by the percent of his or her negligence.
Protects plaintiffs from realizing huge losses for comparatively minor acts of negligence.
See example 7 page 92.

26. Comparative Negligence
Assumption of Risk
If the defendant can show the plaintiff knew the risk involved and still took the chance of being injured, he or she may claim assumption of risk as a defense.
Page 93 example.

27. Strict Liability
According to strict liability, if these activities injure someone or damage property, the people engaged in the activities will be held liable, regardless of how careful they were and regardless of their intent.

28. Strict Liability
Applies only to ultra hazardous activities that involve a great risk to people and property.
No amount of care will eliminate the risk
Examples: using explosives, keeping wild animals, storing highly flammable liquids

29. Strict Liability Also applied in product liability cases
When people are injured by products, the manufacturer is liable for injuries regardless of fault
Does not apply to occasional sellers- the seller of the defective product does not usually engage in the sale of such items
Example: A corporation auctions off all machinery when their factory closes. = not liable for injuries

30. Assignment Page 93 Reviewing What You Learned #1-4
Critical Thinking Activity