Introduction

5. Tort is the French word for a “wrong”
6. Under tort law, an injured party can bring a civil lawsuit civil lawsuit to seek compensation for a wrong done to the party or the party’s property
7.  Tort damages are monetary damages that are sought from the offending party
8. Tort law imposes a duty on persons and business agents not to intentionally or negligently injure others in society.

Intentional Torts Against Persons (1 of 6)

5. The law protects a person from unauthorized touching, restraint, or other contact
6. The law also protects a person’s reputation and privacy
7. Violations of these rights are actionable as torts

Intentional Torts Against Persons (2 of 6) à Note: Doctrine of Transferred Intent à     

                                                                                       victims can sue

Assault

5. The threat of immediate harm or offensive contact; or
6. Any action that arouses reasonable apprehension of imminent harm
7. Actual physical contact is unnecessary

Battery

5. Unauthorized and harmful or offensive physical contact with another person
6. Actual physical contact is unnecessary

Intentional Torts Against Persons (3 of 6)

False Imprisonment

5. The intentional confinement or restraint of another person without authority or justification and without that person’s consent
6. Merchant Protection Statutes

Misappropriation of the Misappropriation of the Right to Publicity Right to Publicity

5. An attempt by another person to appropriate a living person’s name or identity for commercial purposes
6. Also known as the tort of appropriation

Intentional Torts Against Persons (4 of 6)

Invasion of the Right to Privacy

5. A tort that constitutes the violation of a person’s right to live his or her life without being subjected to unwanted and undesired publicity

Intentional Infliction of Emotional Distress Emotional Distress

5. A tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that emotional distress

Intentional Misrepresentation (Fraud)

1. false representation of material fact
2. intent to deceive
3. justifiable reliance by innocent party
4. injury

Intentional Torts Against Persons (5 of 6)

Defamation of Character

5. False statement(s) made by one person about another. The plaintiff must prove that:
6. The defendant made an untrue statement of fact about the plaintiff; and
7. The statement was intentionally or accidentally published to a third party

Slander– oral defamation of character

Libel – a false statement that appears in a letter, newspaper, magazine, book, photo, video, etc.

• Truth is an absolute defense
• Watch for reckless disregard of the truth

Intentional Torts Against Persons (6 of 6)

Malicious Prosecution Malicious Prosecution

5. A successful defendant in a prior lawsuit can sue the plaintiff if the first lawsuit was frivolous
6. Certain elements must be proven to win a lawsuit for malicious prosecution
7. The courts do not look favorably on malicious prosecution lawsuits

Intentional Torts Against Property (1 of 3)

There are two general categories of property:

5. Real Property Real Property – consists of land and anything permanently attached to that land
6. Personal Property Personal Property – consist of things that are movable
7. Automobiles
8. Books
9. Clothes
10. Pets

Intentional Torts Against Property (2 of 3)

Trespass to Land

5. A tort that interferes with an owner’s right to exclusive possession of land

Trespass to Personal Trespass to Personal Property

5. A tort that occurs whenever one person injures another person’s personal property; or
6. Interferes with that person’s enjoyment  of his or her personal property

Intentional Torts Against Property (3 of 3)

Conversion of Personal Property Conversion of Personal Property

A tort that deprives a true owner of the use and enjoyment of his or her personal property by:

5. Taking over such property; and
6. Exercising ownership rights over it

Unintentional Torts (Negligence) (1 of 7)

Unintentional Tort Unintentional Tort

5. A doctrine that says a person is liable for harm that is the foreseeable consequence of his or her  actions
6. Negligence
7. The omission to do something which a reasonable person would do; or
8. Doing something which a prudent and reasonable man would not do

Unintentional Torts (Negligence) (2 of 7)

To be successful in a negligence lawsuit, the plaintiff must prove that:

1. The defendant owed a duty of care to the plaintiff

2. The defendant breached the duty of care

3. The plaintiff suffered injury

4. The defendant’s negligent act caused the plaintiff’s injury

Unintentional Torts (Negligence) (3 of 7)

5. Duty of Care Duty of Care – the obligation we all each other not to cause any  unreasonable harm or risk of harm
6. The courts apply a reasonable person reasonable person standard
7. Defendants with a particular expertise or competence are measured against a reasonable professional standard

Unintentional Torts (Negligence) (4 of 7)

5. Breach of Duty – a failure to exercise care or to act as a reasonable person would act
6. Injury to Plaintiff – the plaintiff must suffer personal injury or damage to his or her property to recover monetary damages for the defendant’s negligence.
7. Effect on the plaintiff’s life or profession

Unintentional Torts (Negligence) (5 of 7)

5. Causation – a person who commits a negligent act is not liable unless his or her act was the  cause of the plaintiff’s injuries
6. Causation in Fact (actual cause)
7. Proximate Cause (legal cause)
8. Causation in Fact Causation in Fact (actual cause)
9. The actual cause of negligence
10. A person who commits a negligent act is not liable unless causation in fact can be proven

Unintentional Torts (Negligence) (6 of 7)

5. Proximate Cause Proximate Cause (legal cause)

-Under the law, a negligent party is not necessarily liable for all damages set in motion by his or  her negligent act

-The law establishes a point along the damage chain after which the negligent party is no longer legally responsible for the consequences of his or her actions

Unintentional Torts (Negligence) (7 of 7)

5. The doctrine of proximate cause was established in the Palsgraf v. The Long Island Railroad Company case
6. Professional Malpractice - The liability of a professional who breaches his or her duty of ordinary care

Special Negligence Doctrines

5. Negligent Infliction of Emotional Distress
6. Negligence Per Se
7. Res Ipsa Loquitur
8. Good Samaritan Laws
9. Dram Shop Acts
10. Guest Statutes
11. Fireman’s Rule
12. Negligence
13. “Danger Invites
14. Rescue” Doctrine
15. Social Host Liability
16. Liability of Landowners
17. Liability of Common Carriers and Innkeepers

Special Notes

Per Se à violation of statute

Res Ipsa Loquitor à exclusive control

Danger Invites…à can sue the person

Landowners à Invitees and licenses à duty of ordinary care

Trespassers à duty to not willfully or wantonly injurer

Defenses Against Negligence

5. Superseding or intervening event
6. Assumption of the risk
7. Contributory negligence
8. Comparative negligence

Special Business Torts (1 of 3)

5. Entering certain businesses and professions without a license
6. Unfair competition
7. Predatory practices
8. Palming off
9. Disparagement
10. False advertising
11. Intentional misrepresentation (fraud)

Special Business Torts (2 of 3)

The elements required to find fraud are:

1. The wrongdoer made a false representation of material fact

2. The wrongdoer had knowledge that the representation was false and intended to deceive the innocent party

3. The innocent party justifiably relied on the misrepresentation

4. The innocent party was injured

Special Business Torts (3 of 3)

5. Intentional interference with contractual relations
6. Breach of the implied covenant of good faith and fair dealing

Special Business Torts: Tort Damages: Actual Damages

5. Include compensation for personal injury, pain and suffering, emotional distress, and other injuries caused by the defendant’s tortious conduct

Punitive Damages

5. Are not recoverable for breach of contract
6. Recoverable for certain tortious conduct
7. Fraud
8. Intentional conduct
9. Other egregious conduct

Strict Liability (1 of 2)

5. Strict liability is liability without fault liability without fault
6. A participant in a covered activity will be held liable for any injuries caused by the activity even if he or she was not negligent

Strict Liability (2 of 2)

This doctrine holds that:

1. There are certain activities that can place the public at risk of injury even if reasonable care is taken; and

2. The public should have some means of compensation if such injury occurs

Product Liability Based on Fault:

Misrepresentation

5. A buyer or lessee who is injured because a seller or lessor fraudulently misrepresented the quality of a product can sue the seller under the tort of intentional misrepresentation
6. Seller or lessor either:
7. Affirmatively misrepresents the quality of a product; or
8. Conceals a defect in it
9. Recovery is limited to persons who were injured because they relied on the misrepresentation

Product Liability Based on Fault:

Negligence

5. Negligence – a tort related to defective products where the defendant has breached a duty of care and caused harm to the plaintiff
6. Failure to exercise due care includes:
7. Failing to assemble the product carefully
8. Negligent product design
9. Negligent inspection or testing of the product
10. Negligent packaging

Failure to warn of the negligent propensities of the product

Strict Liability

5. In Greenmun v. Yuba Power Products, Inc., the California Supreme Court adopted the doctrine of strict liability in tort doctrine of strict liability in tort as a basis for product liability actions
6. Most states have adopted this doctrine as the basis for product liability actions
7. Removes many of the difficulties for the plaintiff associated with other theories of product liability

The Concept of Defect

5. To recover for strict liability, the injured party must first show that the product that caused the injury was somehow defective
6. Plaintiffs can allege multiple product defects in one lawsuit

Common Types of Defects

1. Defects in Manufacture

2. Defects in Design

3. Defects in Packaging

4. Failure to Warn

Crashworthiness Doctrine

5. The courts have held that automobile manufacturers are under a duty to design automobiles so they take into account the possibility of harm from a person’s body striking something inside the automobile in the case of a car accident.

Other Product Defects

5. Failure to provide adequate instructions
6. Inadequate testing of products
7. Inadequate selection of component parts or materials
8. Improper certification of the safety of a product

Defenses to Product Liability

1. Supervening Event

2. Generally Known Dangers

3. Assumption of the Risk

4. Government Contractor Defense

5. Misuse of the Product

6. Statute of Limitations

7. Contributory and Comparative Negligence