Torts PPT2

7/28/2019 Torts PPT2

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To Redress for Wrongs

TORTS


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The objectives of tort law . . .

Provide remedies forinjury to persons,property andeconomic interests.

Deter wrongfulbehavior.

Causes of Action for: Personal Injury Property Damage Defamation Interference with Contracts Invasion of Privacy Wrongful Discharge

Due to: Intentional Torts Negligence Strict Liability


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Intentional TortsIn the definition of the tort, one of the elements

is that ofINTENT to do an act.

Example:Assault: An act done with the specific or

general intent of causing apprehension inanother of immediate offensive or harmful

contract.


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Intentional Torts Assault Battery False Imprisonment Intentional Infliction of Emotional Distress Trespass to Land Trespass to Chattels Conversion Fraud Invasion of Privacy


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HypotheticalsHypo # 1 Stolen WidgetsCivil v. Criminal Liability

Hypo # 2 Words ala Stolen WidgetsDefamation: Private v. Public PersonsConditional Privileges v. Absolute Privilege

Hypo # 3 The Tort ParadeHypo # 4 Snoop Boss-yHypo #5 Wrongfully Discharged


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NegligenceNegligence is conduct that falls below the

standards of behavior established by law for the

protection of others against unreasonable risk ofharm. A person has acted negligently if he or she

has departed from the conduct expected of areasonably prudent person acting under similar

circumstances.http://legal-dictionary.thefreedictionary.com/negligence (1/24/12)


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The elements of negligence are . . .Duty: the existence of a duty to act.Breach of Duty: by failure to observe the

standards of behavior.

Cause: the breach of duty is the legal (actual) andproximate cause (foreseeable) of injury.

Damages: the injury is measurable.


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NegligencePer Se

Negligenceper se is negligence due to theviolation of a law meant to protect the public, e.g.a speed limit or building code.

Unlike ordinary negligence the conduct isautomatically considered negligent aparty does notneed to prove the duty and breach of duty.

In lawsuits, the focus will be whether the conductthat violated the lawproximately causedthe damageto the party suing.


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Hypotheticals

Hypo # 6 A Sampler

Hypo # 7 One Hairy Yogurt


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Strict LiabilityStrict liability is absolute liability or legal responsibilityfor damages, or injury, even if the person found strictlyliable was not at fault or negligent.

Examples: Defectively manufactured or designed products; Keeping wild animals; Ultra hazardous activities, e.g. blasting and other activities,

which for reasons of public policy, may be undertaken andconducted only if insurance is provided against the harm toothers that results from the risks the activities create.


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Other Examples of Strict Liability Common Carriers: liability for transportation of goods. Workers Compensation: employers must provide

insurance that covers injuries sustained while on the job.

Respondeat Superior: the employers liability when anemployee causes harm to a third party while in thecourse and scope of employment.


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Tort DamagesCompensatory = compensate for measurable +

foreseeable damagesGeneral and Special

Punitive Available if willful, meaning intentional or

calculated to cause harm ORBecause the harm was due to recklessness or gross

negligence;Calculated to be in proportion to the evil and

enough to punish.


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Hypothetical

Hypo # 8 The Board with a Defect


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Multiple DefendantsJoint and Several Liability: two or more

defendants are negligent and liable for the same

injury. If one pays the damages, he/she can lookto the other defendant for reimbursement.

Comparative Liability: proportionate liability.


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Contributory NegligenceA doctrine of common lawthat applies when a

person was injured in part due to his/her ownnegligence (his/her negligence "contributed" to

the accident) to bar the injured party fromrecovering in court against even a very negligentdefendant. (VA, MD, DC, AL, NC)

The majority of states have adopted a comparativenegligence test.

Torts PPT2

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