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
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!
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.
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.
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.
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.
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