1. The Law Of Torts
Chapter #4

2. What you’ll learn
How to tell the difference between and law and a tort
How to explain the nature of tort law
How various torts can be committed
How to define various intentional torts

3. Crime VS Tort
Crime – Harm against not only specific individuals but also the general welfare
Tort – is a private wrong committed by one person against another.
Example #1
List some Torts:

4. Your Rights What are your given rights
Right to be free from bodily harm
The right to enjoy a good reputation
The right to conduct business without unwarranted interference
Right to one property free from damage or trespass

5. Intentional Torts VS Unintentional
Intentional occurs when a person knows and desires the consequences of his or her act.
Unintentional occurs when the person does not have this mental determination.

6. Intentional Torts
Assault occurs when one person deliberately leads another person to believe that he or she is about to be harmed.
Battery involves the unlawful, unprivileged touching of another person.
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7. Crime of Assault VS Tort of Assault
In a tort the person must know that the TORTFEASOR or person who committed the tort meant to commit harm.
They must have suffered anguish or distress.

8. Trespass
Wrongful damage to or interference with the property of another.
Property anything you own (TV, Car, Wallet)
Real Property – Includes land and things you built or grew on the land (house, corn Crop)
Example #2

9. Nuisance
Anything that interferes with the enjoyment of life or property
Loud Noises
Noxious odors
Smoke or fumes

10. False Imprisonment
Law enforcement officers must have probable cause or a warrant to arrest someone or they can be sued for false imprisonment.

11. Defamation
Wrongful act of injuring another’s reputation by making false statement. It is divided into 2 categories
Libel – is a false statement in written form or printed form
Slander – Is false statements made orally to a third party.

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.
Your Records
Your name or photo
Federal Privacy Act 1974-
Fair Credit Reporting Act
Right to Financial Privacy Act

13. Negligence and Strict Liability
What you’ll learn
How to define negligence
How to explain the elements of negligence
How to define the major defenses to negligence
How to define strict liability

14. Unintentional Torts
Way you can breach your duty to society other than by committing an intentional tort.
Negligence – Injury that is caused by a person’s mere carelessness
Strict Liability – Injury caused by an individual’s participation in ultrahazardous activity

15. Negligence
Is the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstance.
Elements of Negligence
Defendant owed the plaintiff a duty of care – Failed to act as a reasonable person would have
This failure to use the degree of care required under the circumstance is called Breach of Duty
This breach of duty was the proximate cause of the injury to the plaintiff
The plaintiff suffered actual harm or injury

16. Duty of Care
Plaintiff has to prove that they own them care
Example #4

17. Breach of Duty
Reasonable Person Test

18. Proximate Cause
Is the legal connection between unreasonable conduct and the resulting harm.
Was the injury foreseeable at the time
Example #5

19. Actual Harm
Did the plaintiff suffer physical, injuries, property damage, or financial loss?

20. Defenses to Negligence
If any of the four part are missing
Duty of care
Breach of Duty
Proximate Cause
Actual Harm
Contributory Negligence- Behavior of the plaintiff helped cause the injuries
Comparative Negligence – Negligence of each party is compared and the amount recovered is reduced by that amount
Example #7

21. Assumption of Risk
You knew the risks involved and choose to do it anyway
Skiing
Attending a baseball game
Sky Diving

22. Strict Liability
Some activities are so dangerous that no matter what they are held liable
Using explosives
Keeping wild animals
Product Liability – people are injured using a companies products
Toyota recall: 3.8 million cars with risky floor mats
NHTSA and world's largest automaker warn vehicle owners to remove driver's side floor mats in 7 Lexus and Toyota models.

23. Assignment
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Questions 6-14