Objective: SWBAT define what a tort is and how a person may commit one

1. Objective: SWBAT define what a tort is and how a person may commit one • Tort is the French word for a “wrong.” • Tort law a.k.a. civil law protects a variety of injuries and provides remedies for them.

2. Objective: SWBAT define what a tort is and how a person may commit one • Under tort law, an injured party can bring a civil lawsuit to seek compensation for a wrong done to the party or the party’s property.

3. Objective: SWBAT identify what defines a tort damage, and the remedy for it. • Tort damages are monetary damages that are sought from the offending party. • They are intended to compensate the injured party for the injury suffered.

4. Tort law imposes a duty on persons and business agents not to intentionally or negligently injure others in society. Objective: SWBAT identify what defines a tort damage, and the remedy for it.

5. Objective: SWBAT identify and explain the various types of torts Intentional Torts Categories of Torts Unintentional Torts (Negligence) Strict Liability Torts

6. Objective: SWBAT distinguish between the different types of intentional torts Intentional Torts: • A category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff’s injuries. • There are two categories of intentional torts: • Intentional torts against persons • Intentional torts against property

7. Objective: SWBAT distinguish between the different types of intentional torts • The law protects a person from unauthorized touching, restraint, or other contact. • The law also protects a person’s reputation and privacy. • Violations of these rights are actionable as torts. Intentional Torts Against Persons

8. Objective: SWBAT distinguish between the different types of intentional torts • Assault • The threat of immediate harm or offensive contact; or • Any action that arouses reasonable apprehension of imminent harm. • Actual physical contact is unnecessary.

9. Objective: SWBAT distinguish between the different types of intentional torts • Battery • Unauthorized and harmful or offensive physical contact with another person.

10. Objective: SWBAT identify the conditions of false imprisonment • False Imprisonment • The intentional confinement or restraint of another person without authority or justification and without that person’s consent.

11. Objective: SWBAT distinguish between the different types of intentional torts • False Imprisonment(continued) • Merchant Protection Statutes – allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if: • There are reasonable grounds for the suspicion, • Suspects are detained for only a reasonable time, and • Investigations are conducted in a reasonable manner.

12. Objective: SWBAT discern between the two types of defamation of character • Defamation of Character • False statement(s) made by one person about another. The plaintiff must prove that: • The defendant made an anuntrue statement of fact about the plaintiff; and • The statement was intentionally or accidentally published to a third party.

13. Objective: SWBAT discern between the two types of character defamation • Defamation of Character(continued) • Slander – verbal defamation of character (includes social media, which is treated as speech) • Libel – a false statement that appears in a letter, newspaper, magazine, book, photo, video, etc.

14. Objective: SWBAT recognize the concept of actual malice • In New York Times v. Sullivan, the U.S. Supreme Court held that public officials cannot recover for defamation unless they can prove that the defendant acted with actual malice.

15. Objective: SWBAT identify the tort of invasion of privacy • Invasion of the Right to Privacy • 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.

16. Objective: SWBAT identify what the tort outrage is damage, and the remedy for it. • Intentional Infliction of Emotional Distress • 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.

17. Objective: SWBAT identify the various types of torts against one’s personal property • There are two general categories of property: • Real Property – consists of land and anything permanently attached to that land. • Personal Property – consist of things that are movable. • Automobiles • Books • Clothes • Pets

18. Objective: SWBAT identify what defines a trespass, and the different types that exist • Trespass to Land • A tort that interferes with an owner’s right to exclusive possession of land.

19. Objective: SWBAT identify what defines a trespass, and the different types that exist • Trespass to Personal Property • A tort that occurs whenever one person injures another person’s personal property; or • Interferes with that person’s enjoyment of his or her personal property.

20. Objective: SWBAT identify what defines the tort of conversion • Conversion of Personal Property • A tort that deprives a true owner of the use and enjoyment of his or her personal property by: • Taking over such property; and • Exercising ownership rights over it.

21. Objective: SWBAT identify what defines an unintentional tort, and the different types that exist • Unintentional Tort • A person is liable for harm that is the foreseeable consequence of his or her actions. • Forseeability test

22. Objective: SWBAT identify what defines an unintentional tort, and the different types that exist • Negligence • The omission to do something which a reasonable person would do in a given situation; or • Doing something which a prudent and reasonable person would not do.

23. Objective: SWBAT identify the elements needed to prove negligence in a civil lawsuit To be successful in a negligence lawsuit, the plaintiff must prove that: • The defendant owed a duty of care to the plaintiff • The defendant breached the duty of care • The plaintiff suffered injury • The defendant’snegligent act caused the plaintiff’s injury

24. Objective: SWBAT identify what defines duty of care, and how the reasonable person standard applies to it. • Duty of Care – the obligation we all each other not to cause any unreasonable harm or risk of harm. • The courts apply a reasonable person standard. • Defendants with a particular expertise or competence are measured against a reasonable professional standard.

25. Objective: SWBAT identify the elements needed to prove negligence in a civil lawsuit • Breach of Duty – a failure to exercise care or to act as a reasonable person would act. • 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. • Effect on the plaintiff’s life or profession.

26. Objective: SWBAT identify the types of causation needed to help prove negligence in a civil lawsuit • Causation – a person who commits a negligent act is not liable unless his or her act was the cause of the plaintiff’s injuries. • Causation in Fact (actual cause) • Proximate Cause (legal cause)

27. Objective: SWBAT identify how causation in fact may help prove negligence in a civil lawsuit • Causation in Fact (actual cause) • The actual cause of negligence. • A person who commits a negligent act is not liable unless causation in fact can be proven.

28. Objective: SWBAT identify how proximate cause may help prove negligence in a civil lawsuit • 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.

29. Landmark Law • The doctrine of proximate cause was defined in the Pfalsgraf v. Long Island Railroad Company case.

30. Objective: SWBAT identify additional types of unintentional torts, and the steps needed for litigation • Negligent Infliction of Emotional Distress • A tort that permits a person to recover for emotional distress caused by the defendant’s negligent conduct. • Professional Malpractice • The liability of a professional who breaches his or her duty of ordinary care.

31. Negligence Per Se Res Ipsa Loquitur Good Samaritan Laws Dram Shop Acts Guest Statutes Fireman’s Rule “Danger Invites Rescue” Doctrine Social Host Liability Liability of Landowners Liability of Common Carriers and Innkeepers Special Negligence Doctrines

32. Objective: SWBAT learn the defenses to negligence Superseding or Intervening Event Assumption of the Risk DEFENSES AGAINST NEGLIGENCE Contributory Negligence Comparative Negligence

33. OBJECTIVE: SWBAT identify the types of torts a business may commit • Entering certain businesses and professions without a license • Unfair competition • Price gouging • Price fixing

34. OBJECTIVE: SWBAT identify the types of torts a business may commit • Disparagement-making false derogatory statements about a competitors product in order to make yours look superior • False advertising • Intentional misrepresentation (fraud)

35. OBJECTIVE: SWBAT identify the required elements to prove fraud The elements required to find fraud are: • The wrongdoer made a false representation of material fact. • The wrongdoer had knowledge that the representation was false and intended to deceive the innocent party. • The innocent party justifiably relied on the misrepresentation. • The innocent party was injured.

36. OBJECTIVE: SWBAT identify the types of torts a business may commit • Intentional interference with contractual relations • Breach of the implied covenant of good faith and fair dealing

37. OBJECTIVE: SWBAT define punitive damages and explain why they are awarded • Punitive damages • Are not recoverable for breach of contract • Recoverable for certain tortious conduct • Fraud • Intentional conduct • Other egregious conduct

38. OBJECTIVE: SWBAT identify the types of situations in which a person may claim strict liability • Strict liability is liability without fault. • 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.

39. Strict Liability (continued) This doctrine holds that: • There are certain activities that can place the public at risk of injury even if reasonable care is taken; and • The public should have some means of compensation if such injury occurs.