1. Chapter 5
Torts and Civil Law

2. Torts Tort Damages in Tort actions Elements of a Tort:
When one person causes injury to another by failing to respect that person’s rights or security
Civil wrong against an individual
Damages in Tort actions
awarded by court to repay an injured party for any loss suffered
Elements of a Tort:
Voluntary
Involuntary
Duty – legal obligation to do or not to do something
Breach – violation of the duty
Injury – harm that is recognized by law
Causation – proof that the breach caused the injury

3. Torts Every tort has these elements:
a wrongful act or failure to obey the law
An injury to some person
Generally fall into 3 general categories:
wrongs affecting another’s FREEDOM & SAFETY
wrongs affecting another’s POSSESION & OWNERSHIP OF PROPERTY
wrongs affecting another’s REPUTATION

4. Duties DUTY Violation of a duty is called a breach of duty
duty not to injure another (bodily injury, injury to someone’s reputation, or invasion of privacy)
duty not to interfere with the property rights of others (trespassing)
duty not to interfere with the economic rights of others (such as the right to contract)
Violation of a duty is called a breach of duty

5. Eminent Domain
Refers to power possessed by the state over all property within the state, specifically its power to appropriate property for a public use
Under the Fifth Amendment to the Constitution, the owner of any appropriated land is entitled to reasonable compensation, usually defined as the FMV of the property
Example: O’Hare Expansion project
Expand & reconfigure runways to improve efficiency at O’Hare
Demolished about 600 homes and businesses and removal of two cemeteries

6. The Process of Eminent Domain
Govt attempts to negotiate purchase of the property for FMV
If owner does not wish to sell, the govt files a court action to exercise eminent domain
A hearing is scheduled, at which the govt must demonstrate that it engaged in good faith negotiations to purchase the property but that no agreement was reached. The government must also demonstrate that the taking of the property is for a public use, as defined by law. The property owner is given the opportunity to respond to the government's claims.
If the government is successful in its petition, proceedings are held to establish the FMV of the property. Any payment to the owner is first used to satisfy any mortgages or liens on the property, with any remaining balance paid to the owner. The govt obtains title.
If the government is not successful, or if the property owner is not satisfied with the outcome, either side may appeal the decision.

7. Intentional Torts and Negligence
Deliberate breach of a duty
Intent to produce injury is not required
Assault/battery, false imprisonment, defamation, etc
Negligence
Torts based on carelessness are classified as negligence
Most common form of torts
Intent to injure is not required in this tort – only carelessness is required
Injury – must be proven
If you act recklessly and no one is injured, there usually is no tort

8. Reasonable Person Standard
Requires you act with care and good judgment of a reasonable person so as to not cause injury to others
Degrees of this standard
Vicarious liability
Intentional Torts
Assault
Age makes a difference
Children under 7 are held incapable of negligence
Older children are only required to act with the care of a reasonable child of their age
If child takes role of adult activity (driving car, boat) they then can be held to an adult standard

9. Slander, Libel, Invasion of Privacy
Slander – saying something false
Libel – writing something false
Invasion of Privacy
Uninvited intrusion into a individual’s personal activities
No illegal eavesdropping with listening device, interference with telephone calls, unauthorized opening of letters
However, police have right to tap telephone lines secretly if they have a warrant
Politicians, actors, etc give up much of their right to privacy when they step into the public domain

10. Types of Liability Vicarious Absolute Strict
Someone else is responsible for the wrongful act of another (parents responsible for their children)
Absolute
Responsible for injuries that result even though all reasonable care has been taken
Strict
Manufacturers are responsible for consumer injuries caused by defective products

11. Contributory Negligence
OLD LAW: cannot recover for loss if the plaintiff was negligent
NEW LAW: Comparative Negligence (IL has this)
Assumption of Risk – you know the dangers and decide to do it anyway
Strict Liability – you are liable
For example, Manufacturers are liable for their products

12. Damages Injunction Damages Collecting of $ damages
Court order for a person to do or not to do a particular act.
Damages
Monetary award to an injured party to compensate them for loss
Types:
compensatory damages – actual dollar amount of loss
punitive damages – meant to punish (usually in the millions)
Collecting of $ damages
writ of execution states how damages will be paid

13. McDonald’s Coffee Case
Read article relating to torts and tort reform
Assignment: Complete questions at the end of the article using vocabulary and concepts you have learned over the past two days