Torts

1
Chapter 4

• Torts

2
What is a tort?

• A civil wrong, entitling the victim to
  compensation
• Not a crime, though often occurs in connection
  with one
• Recovery is based on the damage to the plaintiff
• Based on common law

3
2 General types

• Intentional
• Many specific ones
• Unintentional (2 categories)
• Negligence-fault involved
• Unlimited circumstances
• Very general requirements
• Strict Liability-fault not an issue

4
Intentional Torts

• Each has its own requirements
• Assault
• Battery
• False imprisonment
• Usually not in a prison
• Intentional Infliction-Emotional Distress

5
Defamation

• LibelWritten, SlanderSpoken
• Requirements(all needed)
• False statement
• Factual in nature
• Communicated to 3rd party
• Injury to reputation
• Actual monetary loss often must be proven in
  slander

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Privileged Communications

• No defamation liability if privilege applies
• Absolute
• Court proceedings
• In legislative debate
• Qualified
• Private interest related to the statement
• Public Figures Intent (actual malice) must be
  proven to recover

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Invasion of Privacy

• Tort here, invasion is by private party, not the
  government
• Truth is not a defense
• Appropriation
• Vanna White case
• Intrusion into private affairs
• Public disclosure of private info

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Wrongful interference with contract

• Tort to induce other to breach a contract
• Usually must be a specific causal connection
• Predatory behavior by business generally

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Unintentional Torts Negligence

• Unlimited situations
• Usually involves accidental carelessness that
  injures another
• Can recover only if all 5 requirements are met

10
Palsgraff case p. 109

• Railroad conductor helped passenger onto
  departing train
• Violated a work rule in doing so
• Caused passenger to drop package wrapped in
  newspaper
• Fireworks in package exploded
• Scales in a distant part of the station fell onto
  Ms. Palsgraff

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Palsgraff Issues

• Who would Ms. Palsgraff sue?
• Who engaged in bad conduct?
• Why did RR have rule against helping passengers
  onto trains once they started moving?
• What should conductor consider before doing so?

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Negligence Elements

• Duty
• Breach of that duty
• Injury
• Actual Causation
• but for test
• Would it have happened anyway?
• Proximate Causation
• Foreseeability

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Defenses

• Defendant wins if can prove defense even if
  plaintiff has proven the 5 elements
• Assumption of risk
• Superseding cause or event

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Other defenses

• Contributory negligence
• All or nothing
• Any plaintiff negligence eliminated ability to
  recoverharsh
• Comparative
• most state now use this
• Plaintiffs recovery reduced in proportion to
  plaintiffs relative fault

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Negligence issues

• Res Ipsa Loquitur
• Negligence per se
• Danger invites rescue doctrine
• Good Samaritan laws
• Dram Shop Acts

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Strict Liability

• Liability without fault
• Even if very careful, still responsible for
  injuries
• 3 circumstances
• Wild animals
• Use of explosives
• Product liability (will study in later chapter)

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Online Defamation

• ISPs and commercial websites
• Liable for content of postings by members?
• Generally not courts tend to find that there is
  no liability