1. The Law of Torts

2. What is Tort Law?
Based on the belief that…
Individuals have rights
People have duty to avoid violating those
rights
Therefore…
A tort is one person’s interference with another person’s rights, either through intent, negligence or liability.

3. What is the difference between a tort and a crime?

4. A crime is a wrong against the public at large.
A tort is a wrong against an individual.

5. Criminal prosecutions are brought by the State or government
Tort prosecutions are brought by the person wronged
A person who commits a tort is called a tortfeasor.

6. Types of Torts
Intentional Torts
Unintentional Torts

7. Intentional Torts

8. Assault – threat that results in fear
Battery – unlawful, unprivileged (unwanted) touching of another person
Trespass – wrongful injury or interference with another’s property
Nuisance – interference with the enjoyment of life or property
False imprisonment – applies to police and business owners (detaining shoplifters)
Defamation – injuring another’s reputation or make false statements
Libel – written
Slander - verbal

9. “The Fairness Doctrine”
Set up by FCC (Federal Communications Commission)
If person is defamed on air, the person has the right to defense using free air time within one week of defamation.

10. Assault – threat that results in fear
Battery – unlawful, unprivileged (unwanted) touching of another person
Trespass – wrongful injury or interference with another’s property
Nuisance – interference with the enjoyment of life or property
False imprisonment – applies to police and business owners (detaining shoplifters)
Defamation – injuring another’s reputation or make false statements
Libel – written
Slander – verbal
Invasion of privacy – interference with right to be left alone

11. Federal Privacy Act of 1974 Protection from agencies of Fed. Gov’t
Allows knowledge of information kept and to correct errors
Agencies must get permission to use info outside of normal purpose

12. Tort that is caused by negligence. Most common in today’s society.
Unintentional Torts
Tort that is caused by negligence.
Most common in today’s society.

13. What is negligence?
Failure to exercise a degree of care that a reasonable person would have exercised in the same circumstances.

14. Elements of negligence (all must be proven)
Defendant owed the plaintiff duty of care
Defendant acted in breach of duty
Breach of duty was proximate cause of injury
Plaintiff suffered actual harm or injury

15. The obligation to not violate the rights of another person
1. Duty of Care
The obligation to not violate the rights of another person
3. Proximate Cause
Something that produces a result that otherwise would not have occurred
2. Breach of Duty
Failure to exercise reasonable care
4. Harm or Injury
Includes physical injury, property damage or financial loss

16. Defenses of Negligence
Eliminate 1 of the 4 elements!
OR…

17. Contributory Negligence
Plaintiff’s own negligence helped caused the harm

18. Comparative Negligence
Negligence of both parties compared
Plaintiff’s recovery equal to his percent of negligence
50% rule – no recovery if more
Adopted by most states
Considered to be more fair

19. Plaintiff knew risk involved and still took a chance of injury
Assumption of risk
Plaintiff knew risk involved and still took a chance of injury

20. Doctrine of “Strict Liability”
Negligence does not apply
Ultra hazardous activities
Using explosives (fireworks)
Keeping wild animals
Storing flammable liquids in highly populated areas
Product liability in most cases

21. Wrongful Death Statutes
Survival Statues
Allows lawsuit to be brought by defendant’s survivors even if both defendant and plaintiff are dead
Cause of death inconsequential
Wrongful Death Statutes
Death must have been result of negligence or intentional conduct
Limited to family members
Financially affected

22. Activities that are so dangerous, neither negligence nor intentional tort law apply
Fireworks
Explosives
Wild animals
Storing highly flammable liquids