TORTS

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TORTS

• Intentional and Unintentional

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Learning Goal

• To recognize the major types of Intentional Torts

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Criminal Vs. Tort Law

• CRIME A public wrong harming the general
  welfare of society.
• TORT A private wrong committed by one person
  against another.
• Interference with another persons rights
• Leads to Civil Cases

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Intentional Torts
Assault Provoking the fear of immediate bodily
harm, even if the victim is never
touched. Battery The unlawful touching of
another person, even if it isnt harmful. Does
NOT require Criminal Intent!!
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Intentional Torts

• Trespass
• The wrongful damage to or interference with the
  property of another.
• Property anything you own (objects and
  possessions)
• Real Property land and things built on land

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Intentional Torts

• Nuisance
• Anything that interferes with the enjoyment of
  life or property.
• Ex Loud Noises, Horrible Odors
• Public Nuisance Affects many people
• Private Nuisance Affects only one person

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Intentional Torts

• False Imprisonment
• Making an arrest without meeting the proper
  requirements.
• Exception Shoplifting (Store Managers and
  Detectives may detain with reasonable grounds for
  suspicion for a reasonable length of time.

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Intentional Torts

• Defamation
• Injuring anothers reputation by making false
  statements.
• 2 Categories
• Libel Written or Printed Form
• Includes TV, radio and newspaper
• Slander Oral statement to a single third party.

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Intentional Torts

• Defamation of a Famous Person
• Public Figures must prove that the false
  statements were made with actual MALICE
• Malice Saying something about a famous person
  when you KNOW it is false and you dont care!

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Intentional Torts

• Invasion of Privacy
• Interfering with a persons right to be left
  alone.
• Some states have made this right a Statute.
• Federal Privacy Act of 1974
• Requires agencies to provide you with all
  information kept about you
• Records
• Financial Information
• Photographs

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Learning Goal

• To recognize the major types of Intentional Torts

Homework Choose 2 of the 6 types of Intentional
Torts, and describe situations (not used in
class) involving each of them. You should have at
least 2 complete paragraphs One paragraph for
each Tort Situation.
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TORTS

• Intentional and Unintentional

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Learning Goal

• To recognize the conditions for the major types
  of Unintentional Torts

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Unintentional Torts

• 2 Major Types
• Negligence Injury caused by a persons mere
  carelessness.
• Strict Liability Injury caused by an
  individuals participation in hazardous activity.

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Unintentional Torts

• Negligence

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Negligence

• Tort that occurs most often in U.S.
• Elements of Negligence To protect people from
  suing innocent people, the plaintiff must prove
  all of the following elements . . .

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Elements of Negligence

• Duty of Care The defendant owed the plaintiff
  some responsible action.
• Breach of Duty The defendant failed to act as a
  responsible person to the plaintiff.
• Proximate Cause The failure to act responsibly
  was the cause of the injury to the plaintiff.
• Harm The plaintiff was actually harmed or
  injured.

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Defenses to Negligence

• How can you
• defend yourself?
• Prove the one of the 4 elements did not exist.
• Contributory Negligence
• Comparative Negligence
• Assumption of Risk

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Contributory Negligence

• The Plaintiff can lose the lawsuit if . . .
  .
• The Plaintiffs negligence helped cause their own
  injuries.
• It does not matter how slight the plaintiffs own
  negligence was.
• Many states do not allow this defense, because
  they believe this is unfair to plaintiffs who
  were only slightly negligible.

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Comparative Negligence

• The Plaintiff can share in the loss of the
  lawsuit if . . .
• The Plaintiffs negligence helped cause their own
  injuries.
• The Plaintiffs recovery is reduced by the
  percent of their negligence.
• 50 Rule Plaintiff is allowed to recover part
  of the award, as long as their negligence was not
  greater than the defendants.

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Assumption of Risk

• The Plaintiff can lose the lawsuit if . . . .
• The Plaintiff knew the risk involved in the
  activity, and still took the chance of being
  injured.

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Unintentional Torts

• Strict Liability

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Objective

• To be able to recognize the conditions for strict
  liability.

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Strict Liability

• Extremely Dangerous Activities!!
• Liable for anyone injured, or any property
  destroyed.
• It DOES NOT matter how careful you were, or what
  you intent was.

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Strict Liability

• Conditions
• Very hazardous activities
• Poses a great risk to people or property
• Risk is so great that no amount of care will
  eliminate it.