Tort LawChapter four

Tort

• Tort• Private wrong committed by one person against another• Involves one person’s interference with another person’s

rights• Will lead the wronged party to try and recover money for

the loss or injury suffered• Grounded in rights• Doesn’t involve punishment from the government

tortus

• Latin word

• “twisted”

• A wrong against an individual

Crime vs. Tort

A crime is an act against not only a specific individual, but the general welfare, as well.

A tort is a private wrong committed by one person against another.

Concept of rights

• Rights• Free from bodily harm• Enjoy a good reputation• Conduct business with out interference• Own property free from damage or trespass• Competent care

Intentional Torts

• Assault• Battery• Trespass• Nuisance• Interference with contractual relations• Deceit

Intentional Torts

• Conversion• False imprisonment• Defamation• Invasion of privacy• Misuse of legal procedure• Infliction of emotional distress

What if?

• In a public website forum, would it be considered defamation of character if a member were to post accusations about another member such as, "DO NOT DO BUSINESS WITH THIS PERSON--they are part of a scam ring using the USPS for fraudulent activity. Charges have been filed against this person.....I know your real name, your address, and your phone number.”

• Would you consider the example above as 'defamation of character', or is it not defamation of character if no one knows your true identity? 

POP QUIZ! - Question

• Define the difference between assault and battery?

POP QUIZ! - Answer

• Assault is the intent towards someone to do harm• Battery is the physical contact that harms someone

Unintentional Torts

• Negligence• Duty of Care• Breach of Duty caused an injury• Proximate Cause• Must suffer actual harm or injury

Defense against Negligence

• Disprove only one of the four elements• No duty• Reasonable standard conduct• Not the proximate cause• No injury (actual harm) was suffered

Defense against Negligence

• Contributory Negligence

• Comparative Negligence

• Assumption of Risk

Strict liability

• Defective products

• Lion tamers

• Explosive expert

POP QUIZ! - Question

• What are the elements of negligence?

POP QUIZ! - Answer

1. Duty of Care

2. Breach of Duty caused an injury

3. Proximate Cause

4. Must suffer actual harm or injury