1. Tort Law
Chapter four

2. Tort Tort Private wrong committed by one person against another
Involves one person’s interference with another person’s rights
Will lead the wronged party to try and recover money for the loss or injury suffered
Grounded in rights
Doesn’t involve punishment from the government
Tort

3. Latin word
“twisted”
A wrong against an individual
tortus

4. A crime is an act against not only a specific individual, but the general welfare, as well.
A tort is a private wrong committed by one person against another.
Crime vs. Tort

5. Concept of rights Rights Free from bodily harm Enjoy a good reputation
Conduct business with out interference
Own property free from damage or trespass
Competent care
Concept of rights

6. Intentional Torts Assault Battery Trespass Nuisance
Interference with contractual relations
Deceit
Go through the list on page 81
The tort of assault would be someone coming at you in a threatening manner. Battery is that person making contact. The diff between an assault tort and the crime is that the crime can be carried out if someone is already unconscious and would not include the tort due to no mental anguish.
Trespass as a tort does not need to include harm to the property. Nuisance is usually what kind of right that is being interfered with?
False imrisonment vs. kidnapping. Interfering with contractual relations would be causing someone to break a contract with someone else. Deceit lying with the intent to hurt another.
Intentional Torts

7. Intentional Torts Conversion False imprisonment Defamation
Invasion of privacy
Misuse of legal procedure
Infliction of emotional distress
Conversion borrowing something to use for yourself with out permission
False arrest by police (or retail loss prevention)
Defamation of charaacter – libel is in writing and slander is spoken – must damage your reputation but if it is the truth, the charges will not hold .
Invasion of privacy with medical records, tax information, credit card numbers, banking information etc
Intentional Torts

8. In a public website forum, would it be considered defamation of character if a member were to post accusations about another member such as, "DO NOT DO BUSINESS WITH THIS PERSON--they are part of a scam ring using the USPS for fraudulent activity. Charges have been filed against this person.....I know your real name, your address, and your phone number.”
Would you consider the example above as 'defamation of character', or is it not defamation of character if no one knows your true identity? 
What if?

9. Define the difference between assault and battery?
POP QUIZ! - Question

10. POP QUIZ! - Answer Assault is the intent towards someone to do harm
Battery is the physical contact that harms someone
POP QUIZ! - Answer

11. Unintentional Torts Negligence Duty of Care
Breach of Duty caused an injury
Proximate Cause
Must suffer actual harm or injury
Each element must be met. See example 4 on page 89
Also proximate cause will ask if the injury to the plaintiff foreseeable at the tiem that the defendant engaged in the unreasonable conduct. Reas example 5 page 90
Unintentional Torts

12. Defense against Negligence
Disprove only one of the four elements
No duty
Reasonable standard conduct
Not the proximate cause
No injury (actual harm) was suffered
Defense against Negligence

13. Defense against Negligence
Contributory Negligence
Comparative Negligence
Assumption of Risk
Did the plaintiff contribute to the negligence? Did the plaintiff contribute part of the negligence?
If a baseball hits you when you are watching a baseball game can you sue? If you break a leg at a ski resort from skiing can you sue the resort?
Defense against Negligence

14. Defective products
Lion tamers
Explosive expert
Strict liability

15. What are the elements of negligence?
POP QUIZ! - Question

16. POP QUIZ! - Answer Duty of Care Breach of Duty caused an injury
Proximate Cause
Must suffer actual harm or injury
POP QUIZ! - Answer