By Mike Hunton Tort Law (civil law) Tort – A wrong against an individual.

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By Mike Hunton Tort Law (civil law) Tort – A wrong against an individual

Transcript of By Mike Hunton Tort Law (civil law) Tort – A wrong against an individual.

Page 1: By Mike Hunton Tort Law (civil law) Tort – A wrong against an individual.

By Mike Hunton

Tort Law (civil law)

• Tort – A wrong against an individual

Page 2: By Mike Hunton Tort Law (civil law) Tort – A wrong against an individual.

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law

The United States Constitution

7th Amendment

Page 3: By Mike Hunton Tort Law (civil law) Tort – A wrong against an individual.

Intentional Torts

Where the defendant (actor) knew or should have known that his/her actions would harm the plaintiff (victim).

Tortfeasor – someone who commits torts

Page 4: By Mike Hunton Tort Law (civil law) Tort – A wrong against an individual.

Types of Intentional Torts

• Assault• Battery• Trespass• Conversion• Intentional Infliction of emotional distress• Invasion of privacy• Fraud• Defamation

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Battery

• Unlawful touching (with or without a weapon)

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Intentional Infliction of Emotional Distress

• Extreme or outrageous behavior that causes severe emotional distress

Examples:

1. Telling someone a relative died (a lie)2. Emotional Abuse3. Harassment

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Fraud

• Using deceit, to trick people out of their money (liar), or things of value.

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Defamation

• Destruction of someone’s reputation– Libel is written

defamation– Slander is oral

defamation

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Negligence

• Failing to do, or not do, what a reasonably prudent person would do in the same situation.

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Strict Liability• Unusually dangerous

activities• Liability even if the

defendant is not at fault

1. Using explosives, harboring dangerous animals, having toxic materials.2. Product liability (defective products)

The Ford Pinto