Torts and Strict LiabilityTorts and Strict Liability

Tort Law Tort Law – Wrongs and moneyWrongs and money– Civil lawCivil law– Professional malpractice, assault, Professional malpractice, assault,

battery, false imprisonment, battery, false imprisonment, defamation, trespass, fraud, defamation, trespass, fraud, conversion, negligenceconversion, negligence

Intentional TortsIntentional Torts

Intend to commit an act which Intend to commit an act which interferes with the person or interferes with the person or business of another in a way not business of another in a way not permitted by lawpermitted by law

No evil intent requirementNo evil intent requirement Tortfeasor knows with substantial Tortfeasor knows with substantial

certainty that certain certainty that certain consequences will occurconsequences will occur

Assault and BatteryAssault and Battery

An intentional, unexcused act that An intentional, unexcused act that creates in another a reasonable creates in another a reasonable apprehension of immediate apprehension of immediate harmful or offensive contactharmful or offensive contact– reasonable person standardreasonable person standard

Completion of the act resulting in Completion of the act resulting in harmharm

Defenses to Defenses to assault and batteryassault and battery

ConsentConsent Self Defense from real or apparent Self Defense from real or apparent

dangerdanger Defense of othersDefense of others Defense of othersDefense of others

False ImprisonmentFalse Imprisonment

Intentional confinement or Intentional confinement or restraint of another person’s restraint of another person’s activities without justificationactivities without justification– Physical barriers, restraint, or threats Physical barriers, restraint, or threats

of force. of force. – Not moral pressureNot moral pressure

Defenses: probable causeDefenses: probable cause

Intentional Infliction of Intentional Infliction of Emotional DistressEmotional Distress

An intentional act that amounts to An intentional act that amounts to extreme and outrageous conduct extreme and outrageous conduct resulting in severe emotional distress resulting in severe emotional distress to anotherto another– Eggshell plaintiff questionsEggshell plaintiff questions– Not indignity or annoyance except Not indignity or annoyance except

w/threatw/threat Collection methods, misplacing Collection methods, misplacing

bodies, phony bad newsbodies, phony bad news

DefamationDefamation

Libel - writtenLibel - written– Require Publication Require Publication Food Lion v. MeltonFood Lion v. Melton– Damages for disgrace, humiliation, injured Damages for disgrace, humiliation, injured

reputation, emotional distressreputation, emotional distress DefensesDefenses

– TruthTruth– Privileged speechPrivileged speech

absolute or qualifiedabsolute or qualified

– Public figures - actual malicePublic figures - actual malice

DefamationDefamation

Slander - verbalSlander - verbal– ““Special Damages” proof of actual Special Damages” proof of actual

economic or monetary damageseconomic or monetary damages– Per sePer se

a loathsome communicable diseasea loathsome communicable disease committed improprieties while engaging in a committed improprieties while engaging in a

profession or tradeprofession or trade committed or been imprisoned for a serious committed or been imprisoned for a serious

crimecrime an unmarried woman is unchastean unmarried woman is unchaste

Invasion of theInvasion of theRight to PrivacyRight to Privacy

Use of person’s name, picture, or Use of person’s name, picture, or other likeness for commercial other likeness for commercial purposes without permissionpurposes without permission

Intrusion on an individual’s affairs Intrusion on an individual’s affairs or seclusionor seclusion

Invasion of theInvasion of theRight to PrivacyRight to Privacy

Publication of information that Publication of information that places a person in a false lightplaces a person in a false light

Public disclosure of private facts Public disclosure of private facts about an individual that an about an individual that an ordinary person would find ordinary person would find objectionableobjectionable

Fraudulent Fraudulent MisrepresentationMisrepresentation

Misrepresentation of material factsMisrepresentation of material facts Intent Intent Justifiable relianceJustifiable reliance Damages/injuryDamages/injury Causal connection between Causal connection between

misrepresentation and injurymisrepresentation and injury

Trespass to LandTrespass to Land

Entering onto/above, or below Entering onto/above, or below another’s land without permissionanother’s land without permission

Actual harm to land not requiredActual harm to land not required ““Center of the earth to the Center of the earth to the

heavens”heavens”

Trespass to LandTrespass to Land

RequirementsRequirements– Post signs, not needed in some casesPost signs, not needed in some cases– Liability for injuries of a trespasserLiability for injuries of a trespasser– Liability for damage to landLiability for damage to land– Reasonable duty rulesReasonable duty rules– Attractive nuisance doctrineAttractive nuisance doctrine– Defenses: rescues, faulty ownershipDefenses: rescues, faulty ownership

Trespass to Personal Trespass to Personal PropertyProperty

Conversion = Depriving an owner Conversion = Depriving an owner of their property without of their property without permission and without just cause permission and without just cause and place the property in the and place the property in the service of the trespasser or service of the trespasser or anotheranother

Mistake is no defense, necessity isMistake is no defense, necessity is

NegligenceNegligence

Tortfeasor does not have to intend Tortfeasor does not have to intend the act or its consequences, simply the act or its consequences, simply create a foreseeable riskcreate a foreseeable risk– Duty of careDuty of care– BreachBreach– InjuryInjury– CausationCausation

NegligenceNegligence

Duty of careDuty of care– Reasonable person standardReasonable person standard

careful, conscientious, prudent, even careful, conscientious, prudent, even tempered, honesttempered, honest

– Duty of landowners to guests, Duty of landowners to guests, trespassers, business inviteestrespassers, business invitees

obvious risks obvious risks Bray v. KateBray v. Kate

– Duty of ProfessionalsDuty of Professionals– No duty to rescueNo duty to rescue

NegligenceNegligence

InjuryInjury– Compensatory damagesCompensatory damages– Punitive damagesPunitive damages

Gross negligence = an intentional failure Gross negligence = an intentional failure to perform a manifest duty in reckless to perform a manifest duty in reckless disregard of the consequences of such a disregard of the consequences of such a failure for the life or property of another failure for the life or property of another

BMW v. GoreBMW v. Gore

NegligenceNegligence

CausationCausation

– Causation in fact - but for?Causation in fact - but for?

– Proximate cause - How tenuous is the Proximate cause - How tenuous is the connection between the act and the connection between the act and the injuryinjury

ForseeabilityForseeability Palsfraf v. Long Island Railroad Co.Palsfraf v. Long Island Railroad Co.

NegligenceNegligence

DefensesDefenses– Assumption of riskAssumption of risk

auto racing, bungee jumpingauto racing, bungee jumping knowledge of risk + voluntary assumptionknowledge of risk + voluntary assumption

– Superseding intervening causeSuperseding intervening cause breaks the chain of causationbreaks the chain of causation

– Contributory negligenceContributory negligence last clear chancelast clear chance

– Comparative negligence - 50% or PureComparative negligence - 50% or Pure

NegligenceNegligence

Res Ipsa LoquiturRes Ipsa Loquitur– shifting the burden of proofshifting the burden of proof

Negligence per seNegligence per se– Violation of a statuteViolation of a statute

statute sets out the standard of expected statute sets out the standard of expected conductconduct

in the class protectedin the class protected statute designed to prevent the type of statute designed to prevent the type of

injury that occurredinjury that occurred

NegligenceNegligence

Danger Invites RescueDanger Invites Rescue– Liability for the rescuers injuriesLiability for the rescuers injuries

Special Negligence statutesSpecial Negligence statutes– Good Samaritan statutesGood Samaritan statutes– Dram shop actsDram shop acts

Strict LiabilityStrict Liability

Liability is imposed for reasons other Liability is imposed for reasons other than faultthan fault– Abnormally dangerous activities create Abnormally dangerous activities create

extraordinary risksextraordinary risks Involve a potential harm of a serious nature to Involve a potential harm of a serious nature to

persons or propertypersons or property Involve a high degree of risk that cannot be Involve a high degree of risk that cannot be

completely guarded against by the exercise of completely guarded against by the exercise of reasonable carereasonable care

Not commonly performed in the community or Not commonly performed in the community or areaarea