The Law of Torts

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Chapter 4

• The Law of Torts

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Tort One persons interference with anothers
rights, either through intent, negligence, or
strict liability. Tortfeasor the person who
commits the tort.
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Publics Rights

• To be free from bodily harm
• To enjoy a good reputation

• To conduct business without interference
• To own property free from damage or trespass

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Intentional Tort

• Assault and Battery
• Trespass
• Nuisance

• False Imprisonment
• Defamation
• Invasion of Privacy

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Assault and Battery

• Assault One leads another to believe that
  he/she is about to be harmed.
• Battery Unlawful, unprivileged touching
• The victim must know that the person has tried to
  harm him or her.

(Criminal assault can be carried out against an
unconscious victim.)
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Trespass

• The wrongful damage to or interference with the
  property of another.
• Refers to Real Property (land and things built on
  land) as well as any property owned

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Trespass Continued

• Under common law, your property went from the
  center of the earth to the highest point in the
  sky.
• Modern law It only extends to the tallest
  structure on your property. (Roof line)

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Nuisance

• Anything that interferes with the enjoyment of
  life or property.
• i.e. Loud noises at night
• Smoke or fumes

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False Imprisonment

• Making an arrest without probable cause or a
  warrant

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Defamation

• Wrongful act of injuring anothers reputation by
  making false statements

• Libel written or printed form, including radio,
  TV, video recordings, movies, photographs, signs,
  paintings, and statues
• Slander spoken orally to a third party

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Defamation Cont.

• Comments made on the floor of Congress and in
  court are privileged and cannot be subject of a
  lawsuit.
• Public Figures such as politicians, judges,
  entertainers, and athletes must prove more
  damage than the average person.
• They must also prove actual malice.

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Invasion of Privacy

• Interfering with a persons right to be left
  alone.
• Federal Privacy Act of 1974 Provides safeguards
  for individuals against the invasion of privacy
  by agencies of the federal government.

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Invasion of Privacy

• Fair Credit Reporting Act
• Credit bureaus must, on request, inform you about
  information they have on file about you.

• Right to Financial Privacy Act
• Forbids financial institutions from opening your
  records to the government without proper
  authorization or a court order

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Negligence

• Duty of Care
• Defendant owed the plaintiff
• Breach of Duty
• Not exercising the degree of care a reasonable
  person would

• Proximate Cause
• Something that produces a result, and without
  which, the result would not have occurred.
• Foreseeability Test
• Actual Cause
• Plaintiff must show that they suffered actual
  harm.
• Physical injuries, property damage, or financial
  loss

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Defenses to Negligence

• Contributory Negligence negligence on the part
  of the plaintiff that assisted in causing his/her
  injuries.
• Comparative Negligence negligence of each party
  is compared the amount of recovery is redeemed
  by a percentage
• Assumption of Risk Plaintiff knew the risk and
  still took the chance of injury

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Strict Liability

• Activities that are so dangerous that the law
  will apply neither negligence nor intentional
  tort.
• Wild animals
• Explosives
• Highly inflammable liquids

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Product Liability

• Occurs when defects in products which cause
  injury
• The product must be bought in the marketplace
• Seller must be in the ordinary business of that
  product