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Tort Law

Tort Law. Summary. Tort Law. Entitles you to sue for damages in a civil court of law It is a “wrong” which can be either Intentional or Unintentional. Intentional Tort. When a person deliberately causes harm or loss to another person.

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Tort Law

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  1. Tort Law Summary

  2. Tort Law • Entitles you to sue for damages in a civil court of law • It is a “wrong” which can be either Intentional or Unintentional.

  3. Intentional Tort • When a person deliberately causes harm or loss to another person. • Examples: Battery; Trespassing; Damaging a person’s reputation; false imprisonment.

  4. Intent • Intent is the most important element of Intentional Tort. • Intent is the true purpose of an act and the person’s hope and desire for a result of an act. • Example: Jim punches Don in the nose; harm is clearly intended.

  5. Unintentional Tort • Anyone who carelessly injures a person, or a person’s property, should compensate the victim for that injury. • Someone must actually be injured by the careless conduct.

  6. Negligence • Negligence is an important area of Tort Law and has three characteristics: • 1. Action is unintentional • 2. Action is unplanned • 3. Injury occurs as a result of the action

  7. The Elements of Negligence • Duty of Care • In a Negligence suit, the plaintiff must show that the defendant owed the plaintiff a duty of care. • When legal duty has been placed upon you, you have a duty of care. • Your actions must not cause harm to people or their property.

  8. Examples of …

  9. Breach of Duty of Care • Defendant fails to meet the expected standard of care of a “reasonable person.” • Reasonable Person – an image of a person who has neither physical, nor developmental, disabilities and who people agree is careful, thoughtful, and considerate of other people in all dealings. • NEVER EXPECTED TO BE PERFECT!

  10. Breach of Duty of Care cont’d … • A person, or company, whose conduct falls below the expected standard of care is liable for the results of the negligence.

  11. Minors and Duty of Care • Child cannot be judged by the standards of an adult “reasonable person.” • No legislation that clearly outlines the tort liability of minors • Children under 7yrs. seldom held liable for negligence • Duty of Care expected from reasonable children of a similar age. • Minors involved in adult activities are expected to meet the adult standards of care. E.g.: driving a car.

  12. Foreseeability • “Would a reasonable person in similar circumstances have foreseen the injury to the victim as a result of his/her actions?” • If yes, fault and liability exists; if no, no liability.

  13. Foreseeability examples:

  14. Causation • Once established that the defendant breached the required standard of care, the plaintiff must prove that the defendant’s negligent conduct caused the plaintiff’s harm. • Example: Ben failed to shovel the snow from his sidewalk and Jennifer fell and broke her ankle – this is called causation, without it liability for negligence does not exist. • The court must then decide how direct the connection was between the action and injury.

  15. Actual Harm or Loss • The plaintiff must prove that real harm occurred because of the defendant’s negligence.

  16. Actual Harm or Loss examples:

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