Presentation Transcript

1. The Law of Torts

2. People are entitled to certain rights Free from bodily harm Right to enjoy a good reputation Right to conduct business without unwanted interference Right to have one’s property free from damage or trespass
3. TORT One person’s interference with another person’s rights either through intent, negligence, or strict liability Wrong against an individual Crime – wrong against public at large Tortfeasor – person who commits a tort Injured person brings claim against tortfeasor to recover money or compensation Tort can also be a crime
4. Intentional Torts Assault & Battery Tort – victim must know the person tried to harm him or her Crime – victim doesn’t need to know (ex: unconscious victim)
5. Trespass Property – anything a person owns Real property – lands, things built on the land, things growing on the land, or located on the land
6. Nuisance Anything that interferes with the enjoyment of life or property loud noises, smell, smoke Public – affects a large group of people Private – affects only one person
7. False Imprisonment Police must have probably cause or warrant to arrest someone Unlawful physical restraint of a person Shoplifting – must use good judgment in reasonable manner
8. Defamation Libel – false statement in written or printed form that injures another’s reputation or reflects negatively on the other’s character Slander – false statement is made orally to a third party Privileged statements – statements made in court of by senators & representatives on floor of Congress Public officials & public figures – must show actual malice
9. Invasion of Privacy Interfering with a person’s right to be left alone Free from unwanted publicity Federal Privacy Act of 1974 – records kept To use photographs or name without permission for advertising, publicity, or publication
10. Negligence Elements that all must be proved in tort suit for negligence Duty of care – must prove defendant owed him/her duty of care Breach of duty – not exercising duty of care reasonable person would exercise Proximate cause – could they forsee the injury? Actual harm or injury suffered – plaintiff suffered damages
11. Defenses to Negligence Eliminating one of four elements Contributory negligence – plaintiff contributed to accident Comparative negligence – negligence of each party is compared; the amount of the plaintiff’s recovery is reduced by the percent of his/her negligence; 50% rule Assumption of risk – if can prove plaintiff knew risk involved and still took chance on being injured
12. Strict Liability Ultra hazardous Activities: Activities dangerous enough that rules of negligence or intentional torts do not apply Ex: using explosives, keeping wild animals, storing highly inflammable liquids If activities injure someone, people liable no matter who was negligent
13. Product Liability: firm that manufactures a product is liable, regardless of fault for injuries to users of the product if a defect causes injury Does not apply if seller of the defective product does not usually engage in sale of item.
14. Survival and Wrongful Death Statutes Common Law – Doesn’t exist today Someone died due to another’s negligence, survivors couldn’t sue Person negligent and king and queen took property Suit may be brought if both plaintiff and defendant are dead Wrongful death suits usually involve only family members
15. Remedies for Torts Money Damages Injunction Court order issued by judge telling someone what to do or not do If violated, becomes criminal matter (contempt of court)