What is a tort? A civil wrong An injured party can bring a
civil lawsuit to seek compensation for a wrong done to the party or
the partys property
Slide 4
What is a tort? Tort damages = monetary damages Compensatory
damages Punitive damages May be recovered in intentional tort and
strict liability cases
Slide 5
3 categories of tort Intentional torts Unintentional torts
(negligence) Strict liability Relationship between Tort and
Criminal Liability The primary aim of tort law is to provide relief
for the damages incurred and deter others from committing the same
harms
Slide 6
A category of torts that requires that the defendant possessed
the intent to do the act that caused the plaintiffs injuries The
law protects people from unauthorized touching, restraint, or other
contact The law protects a persons reputation and privacy
Slide 7
Assault The threat of immediate harm or offensive contact, or
Any action that arouses reasonable apprehension of imminent harm
Actual physical contact not necessary Threats of future harm not
actionable
Slide 8
Suppose a 6 5, 250 pound man makes a fist and threatens to
punch a 5, 100 pound woman. If the woman is afraid, can she sue him
for assault?
Slide 9
Suppose a 6 5, 250 pound man makes a fist and threatens to
punch a 5, 100 pound woman. If the woman is afraid, can she sue him
for assault? If she is a black-belt karate champion and laughs at
the threat and is not afraid, can she sue him for assault?
Slide 10
Battery The unauthorized and harmful or offensive physical
contact with another person Intentionally hitting someone is
considered battery because it is harmful Direct physical contact
between victim and perpetrator unnecessary
Slide 11
Battery The victim need not be aware of the harmful or
offensive contact Assault and battery often occur together
Transferred intent doctrine Applies when a person acts with intent
to injure one person but actually injures another The law transfers
the intent from the target to the actual victim of the act
Slide 12
On Sep 16, 1975, the Baltimore Orioles baseball team was at
Bostons Fenway Park to play the Boston Red Sox. Ross Grimsley was a
pitcher for the visiting Orioles. During the game, Grimsley was
warming up in the bullpen, throwing pitches to a catcher. During
this warm-up, Boston spectators in the stands heckled Grimsley.
After Grimsley had completed warming up and the catcher had left
from behind the plate in the bullpen, Grimsley wound up as if he
were going to throw the ball in his hand at the plate, then turned
and threw the ball at one of the hecklers in the stands. The ball
traveled at about 80 mph, passed through a wire fence protecting
the spectators, missed the heckler that Grimsley was aiming at, and
hit another spectator, causing injury. Can the spectator sue
Grimsley?
Slide 13
Where a person is liable for harm that is a foreseeable
consequence of his/her actions Negligence is the omission to do
something which a reasonable man would do, or doing something which
a prudent and reasonable man would not do
Slide 14
Elements of negligence Duty of care Breach of duty Harm or
injury
Slide 15
Causation A person who commits a negligent act is not liable
unless this act was the cause of the injuries. Causation in fact or
actual cause Proximate cause or legal cause
Slide 16
Simple Negligence Failure to use the degree of care an ordinary
person would exercise Gross Negligence Show indifference to others
Shocks fair-minded people Willful and Wanton Negligence Consciously
acts with reckless indifference to the consequences Knowledge
indicated probable injury to others Administration Textbook @ Page
142
Slide 17
Professional malpractice Reasonable professional standard
Breach of this standard constitutes professional malpractice
Slide 18
Negligence per se Tort where the violation of a statute or
ordinance constitutes the breach of the duty of care Dram Shop Acts
Social host liability Guest statutes
Slide 19
Superseding or intervening event A unforeseeable event that is
the actual cause of the injury Assumption of the risk Can be used
against a plaintiff who knowingly and voluntarily enters into or
participates in a risky activity that results in injury
Slide 20
Liability without fault Participant in a covered activity will
be held liable for any injuries caused by the activity even if
he/she is not negligent Rationale
Slide 21
Criminal Culpability Negligence Crimes Civil Suit
Slide 22
Administrative Actions of Federal Agencies Parallel systems in
states OSHA Publicizes Penalties Preventive Deterrent Effect
Willful, Serious and Routine Thousands to Millions of $$$$ 15 days
to challenge by requesting a hearing Mine Safety & Health
Administration, EPA, DOT, CPSC, NRC, etc. Citizen Lawsuits Strict
Liability Offenses Fraud or Concealment Federal Contract Debarment
& Blacklisting Administration Textbook @ Page 144-148
