Chapter 4- The Law of Torts

Warm-up

Do “Applying Communication Skills” p. 60. One paragraph in your notebook.

What is A Tort? Defined- one persons interference with

another’s rights, either through intent, negligence, or strict liabilty.

Classified as intentional or unintentional.

A person who commits a tort is called a tortfeasor.

Civil Law vs. Criminal Law

Rights of People in Society Right to be free from bodily harm

The right to enjoy a good reputation

Right to conduct business without unwarranted interference

Right to have one’s property free from damage or trespass

Difference between a tort and a crime.

Crime is against the public.Tort is against an individual.

Today’s Activity “Language of the Law” p. 59.

Warm-up If criminal law is responsible for dealing

with individuals who commit wrongful acts, what purpose does tort law serve? 3-5 Sentences in your notebook.

Intentional Torts

Assault Battery Trespass Nuisance Interference w/

contractual relations Deceit Conversion

False Imprisonment Defamation Invasion of Privacy Misuse of Legal

Procedure Infliction of

Emotional Distress

Wrong that occurs when a person knows and desires the consequences of his or her act.

Assault and Battery Two separate torts that may be committed

together. Tort of assault different than the crime of

assault. For a tort of assault to occur the victim must

know that the tortfeasor has tried to harm him or her.

Why- Purpose of criminal law vs. tort law

TrespassDefined- A wrongful injury to or

interference with the property of another.

Property does not have to be harmed to for someone to bring about a lawsuit.

NuisanceDefined- anything that interferes with

the enjoyment of life or property.Two Types…..

Private - against one person Public- affects large group of people

False ImprisonmentDefined- unlawful physical restraint of a

person. Also known as false arrest.Example- False arrest for shoplifting!Suspects must be detained in a

reasonable manner and for a reasonable amount of time.

Warm-up

1. Read “Resolving Disputes” p. 55.

2. Answer Questions #1-2 in your notebook. Use complete sentences.

Check Your Answers

1. Negotiation involves only the parties that have the dispute.

2. Identify the interests, List the Choices, Determine Standards, Work Within Limits, Understand Alternatives.

Defamation Defined- Injuring another’s reputation by making false

statements. Two types-

Libel-written defamation Slander-spoken defamation

In order to prove defamation someone must prove a statement was:

1. Damaging2. False3. Communicated to at least one person.****N.Y. Times v. Sullivan (1971) ****Public figures must also prove actual malice!

Are they libel or slander?

Radio

Rumor spread by word of mouth.

TV

Signs

Movies

Invasion of PrivacyDefined- interfering w/ a person’s right

to be left alone.Federal Privacy Act of 1974

Protects individuals privacy from being invaded by the government.

Personal documents=confidential

Negligence

Unintentional (Accidental) TortDefined- the failure to exercise the

degree of care that a reasonable person would have exercised in the same circumstances.

Elements of NegligenceDuty of CareBreach of DutyProximate CauseActual Harm

Duty of Care

Breach of DutyNot exercising the degree of care that a

“reasonable person” would exercise in that same situation.

Proximate CauseSomething that produces a result, and

without which, the result would not have occurred.

Actual HarmPhysical or Emotional InjuriesProperty DamageFinancial Loss

Today’s Assignment

1. Divide paper into 4 parts using markers.

2. Draw 3 examples of intentional torts.3. Draw 1 example of an unintentional

tort.4. On the back of the paper write names

of group members and the torts that were illustrated.

Warm-up

1. What is negligence?

2. What are the elements of negligence?

Julia was injured while diving at a public pool. The injury could have been avoided if the diving board had a guardrail. Julia sued the state’s Department of Health.

Example of Duty of Care Example of Duty of Care

The court ruled the Department of Health had a duty to the state’s sanitary code, not a duty to inspect for safety problems. The Department of Health had no duty to Julia.

Example of Duty of Care Example of Duty of Care

Intentional and Unintentional Torts Intentional and Unintentional Torts

Intentional Torts

ExamplesExamples

When a person commits a wrong against another and knows and desires the consequences of his or her act.

Assault and BatteryTrespassFalse imprisonment

Unintentional Torts

ExamplesExamplesNegligenceStrict liability

When acting in a careless manner causes damage or injury.

Torts

Defenses to NegligenceContributory Negligence- evolved into

comparative negligence.Comparative Negligence- Negligence

of each party is compared. Example: Auto Accidents. 50-50 Rule!

Assumption of Risk: Used by baseball organizations when a fan is injured.

Strict LiabilityDefined- ultrahazardous activities that

no amount of care will eliminate risk.Examples- using explosives, keeping

wild animals, storing highly flammable liquids.

If people are injured from these activities the person responsible will be held liable. There is no defense!

Wrongful DeathPeople affected by the death of a

person have the right to sue.Have to be a family member.Usually reserved to husbands, wives,

children, and parents.

Today’s Activity

1. “Questions for Review” #1-9 p. 60. Do in your notebook.