The Law of Torts. What is Tort Law? Based on the belief that… Individuals have rights People have...
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Transcript of The Law of Torts. What is Tort Law? Based on the belief that… Individuals have rights People have...
The Law of Torts
What is Tort Law?
Based on the belief that…• Individuals have rights• People have duty to avoid violating those • rights
Therefore…
A tort is one person’s interference with another person’s rights, either through intent, negligence or liability.
What is the difference between a tort and a crime?
A crime is a wrong against the public at
large.
A tort is a wrong against an individual.
A person who commits a tort is called a tortfeasor.
Criminal prosecutions are brought by the State or
government
Tort prosecutions are brought by the person
wronged
Types of Torts
•Intentional Torts•Unintentional Torts
Intentional Torts
• Assault – threat that results in fear
• Battery – unlawful, unprivileged (unwanted) touching of another person
• Trespass – wrongful injury or interference with another’s property
• Nuisance – interference with the enjoyment of life or property
• False imprisonment – applies to police and business owners (detaining shoplifters)
• Defamation – injuring another’s reputation or make false statementsLibel – writtenSlander - verbal
“The Fairness Doctrine”
• Set up by FCC (Federal Communications Commission)
• If person is defamed on air, the person has the right to defense using free air time within one week of defamation.
• Assault – threat that results in fear
• Battery – unlawful, unprivileged (unwanted) touching of another person
• Trespass – wrongful injury or interference with another’s property
• Nuisance – interference with the enjoyment of life or property
• False imprisonment – applies to police and business owners (detaining shoplifters)
• Defamation – injuring another’s reputation or make false statementsLibel – writtenSlander – verbal
• Invasion of privacy – interference with right to be left alone
Federal Privacy Act of 1974
• Protection from agencies of Fed. Gov’t
• Allows knowledge of information kept and to correct errors
• Agencies must get permission to use info outside of normal purpose
Unintentional Torts
Tort that is caused by negligence.
Most common in today’s society.
What is negligence?
Failure to exercise a degree of care that a reasonable person
would have exercised in the same circumstances.
Elements of negligence
(all must be proven)
• Defendant owed the plaintiff duty of care• Defendant acted in breach of duty • Breach of duty was proximate cause of
injury• Plaintiff suffered actual harm or injury
1. Duty of Care
The obligation to not violate the
rights of another person
2. Breach of Duty
Failure to exercise
reasonable care
3. Proximate Cause
Something that produces a result that
otherwise would not have occurred4. Harm or Injury
Includes physical injury, property
damage or financial loss
Defenses of Negligence
Eliminate 1 of the 4 elements!
OR…
Contributory Negligence
Plaintiff’s own negligence helped caused the harm
Comparative Negligence
• Negligence of both parties compared
• Plaintiff’s recovery equal to his percent of negligence
• 50% rule – no recovery if more • Adopted by most states• Considered to be more fair
Assumption of risk
Plaintiff knew risk involved and still took a chance of injury
Doctrine of “Strict Liability”
• Negligence does not apply
• Ultra hazardous activities– Using explosives (fireworks)– Keeping wild animals– Storing flammable liquids in highly populated
areas
• Product liability in most cases
Survival Statues• Allows lawsuit to
be brought by defendant’s survivors even if both defendant and plaintiff are dead
• Cause of death inconsequential
Wrongful Death Statutes
• Death must have been result of negligence or intentional conduct
• Limited to family members
• Financially affected
Activities that are so dangerous, neither negligence nor
intentional tort law apply
• Fireworks• Explosives• Wild animals• Storing highly flammable
liquids