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Torts Against PropertyCourse-LL.B-IISubject-Tort II

Unit-II

1

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Intentional Torts Against Property

• There are two general categories of property:– Real Property – Real Property – consists of land and anything

permanently attached to that land.– Personal Property –Personal Property – consist of things that are movable.

• Automobiles• Books• Clothes• Pets

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Intentional Torts Against Property (continued)

• Trespass to LandTrespass to Land– A tort that interferes with an owner’s right to

exclusive possession of land.

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Intentional Torts Against Property (continued)

• Trespass to Personal PropertyTrespass to Personal Property– A tort that occurs whenever one person injures

another person’s personal property; or– Interferes with that person’s enjoyment of his or her

personal property.

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Intentional Torts Against Property (continued)

• Conversion of Personal PropertyConversion of Personal Property– A tort that deprives a true owner of the use and

enjoyment of his or her personal property by:• Taking over such property; and• Exercising ownership rights over it.

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Unintentional Torts (Negligence)

• Unintentional TortUnintentional Tort– A doctrine that says a person is liable for harm that is

the foreseeable consequence of his or her actions.

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Unintentional Torts (Negligence) (continued)

• NegligenceNegligence– The omission to do something which a reasonable

person would do; or– Doing something which a prudent and reasonable

man would not do.

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Unintentional Torts (Negligence) (continued)

To be successful in a negligence lawsuit, the plaintiff must prove that:

1. The defendant owed a duty of careduty of care to the plaintiff

2. The defendant breachedbreached the duty of care3. The plaintiff suffered injuryinjury4. The defendant’s negligent act causedcaused the

plaintiff’s injury

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Unintentional Torts (Negligence) (continued)

• Duty of Care –Duty of Care – the obligation we all each other not to cause any unreasonable harm or risk of harm.– The courts apply a reasonable person standardreasonable person standard.– Defendants with a particular expertise or

competence are measured against a reasonable reasonable professional standardprofessional standard.

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Unintentional Torts (Negligence) (continued)

• Breach of Duty –Breach of Duty – a failure to exercise care or to act as a reasonable person would act.

• Injury to Plaintiff –Injury to Plaintiff – the plaintiff must suffer personal injury or damage to his or her property to recover monetary damages for the defendant’s negligence.– Effect on the plaintiff’s life or profession.

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Unintentional Torts (Negligence) (continued)

• Causation –Causation – a person who commits a negligent act is not liable unless his or her act was the cause of the plaintiff’s injuries.– Causation in FactCausation in Fact (actual cause)– Proximate CauseProximate Cause (legal cause)

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Unintentional Torts (Negligence) (continued)

• Causation in FactCausation in Fact (actual cause)– The actual cause of negligence.– A person who commits a negligent act is not liable

unless causation in fact can be proven.

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Unintentional Torts (Negligence) (continued)

• Proximate CauseProximate Cause (legal cause)– Under the law, a negligent party is not necessarily

liable for all damages set in motion by his or her negligent act.

– The law establishes a point along the damage chain after which the negligent party is no longer legally responsible for the consequences of his or her actions.

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Landmark Law

• The doctrine of proximate causeproximate cause was defined in the Palsgraf v. Long Island Railroad Company case.

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Unintentional Torts (Negligence) (continued)

• Negligent Infliction of Emotional DistressNegligent Infliction of Emotional Distress– A tort that permits a person to recover for emotional

distress caused by the defendant’s negligent conduct.

• Professional MalpracticeProfessional Malpractice– The liability of a professional who breaches his or her

duty of ordinary care.

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Special Negligence Doctrines

• Negligence Per Se

• Res Ipsa Loquitur

• Good Samaritan Laws

• Dram Shop Acts

• Guest Statutes• Fireman’s Rule

• Negligence Per Se

• Res Ipsa Loquitur

• Good Samaritan Laws

• Dram Shop Acts

• Guest Statutes• Fireman’s Rule

• “Danger Invites Rescue” Doctrine

• Social Host Liability• Liability of Landowners• Liability of Common

Carriers and Innkeepers

• “Danger Invites Rescue” Doctrine

• Social Host Liability• Liability of Landowners• Liability of Common

Carriers and Innkeepers

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Superseding or Superseding or

Intervening Intervening

EventEvent

Assumption of Assumption of

the Riskthe Risk

Contributory Contributory

NegligenceNegligence

Comparative Comparative

NegligenceNegligence

DEFENSES DEFENSES AGAINST AGAINST

NEGLIGENCENEGLIGENCE

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Business Torts

• Entering certain businesses and professions

without a license

• Unfair competition

– Predatory practices

– Palming off

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Business Torts (continued)

• Disparagement– Product disparagement– Trade libel– Slander of title

• False advertising• Intentional misrepresentation (fraud)

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Business Torts (continued)

The elements required to find fraud are:1. The wrongdoer made a false representation of

material fact.2. The wrongdoer had knowledge that the

representation was false and intended to deceive the innocent party.

3. The innocent party justifiably relied on the misrepresentation.

4. The innocent party was injured.

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Business Torts (continued)

• Intentional interference with contractual relations

• Breach of the implied covenant of good faith and fair dealing

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Business Torts (continued)

• Punitive damages– Are not recoverable for breach of contract– Recoverable for certain tortioustortious conduct

• Fraud• Intentional conduct• Other egregious conduct

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Strict Liability

• Strict liability is liability without faultliability without fault.

• A participant in a covered activity will be held liable for any injuries caused by the activity even if he or she was not negligent.

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Strict Liability (continued)

This doctrine holds that:1. There are certain activities that can place the

public at risk of injury even if reasonable care is taken; and

2. The public should have some means of compensation if such injury occurs.

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References

• 1.https://lh5.ggpht.com/HLnLMmZqbfbQirTFZ3eQjqzDnvnSbXYOs3zoqHvKuhXL25APHW0nFkWo4zFQGqMNbvQ7=s153

• Ratan Lal & Dhiraj Law-The Law of Torts (1997) Universal, Delhi