Chapter 5

1. Chapter 5 Torts and Civil Law

2. Torts • Tort • When one person causes injury to another by failing to respect that person’s rights or security • Civil wrong against an individual • Damages in Tort actions • awarded by court to repay an injured party for any loss suffered • Elements of a Tort: • Voluntary • Involuntary • Duty – legal obligation to do or not to do something • Breach – violation of the duty • Injury – harm that is recognized by law • Causation – proof that the breach caused the injury

3. Torts • Every tort has these elements: • a wrongful act or failure to obey the law • An injury to some person • Generally fall into 3 general categories: • wrongs affecting another’s FREEDOM & SAFETY • wrongs affecting another’s POSSESION & OWNERSHIP OF PROPERTY • wrongs affecting another’s REPUTATION

4. Duties • DUTY • duty not to injure another (bodily injury, injury to someone’s reputation, or invasion of privacy) • duty not to interfere with the property rights of others (trespassing) • duty not to interfere with the economic rights of others (such as the right to contract) • Violation of a duty is called a breach of duty

5. Eminent Domain • Refers to power possessed by the state over all property within the state, specifically its power to appropriate property for a public use • Under the Fifth Amendment to the Constitution, the owner of any appropriated land is entitled to reasonable compensation, usually defined as the FMV of the property • Example: O’Hare Expansion project • Expand & reconfigure runways to improve efficiency at O’Hare • Demolished about 600 homes and businesses and removal of two cemeteries

6. The Process of Eminent Domain • Govtattempts to negotiate purchase of the property for FMV • If owner does not wish to sell, the govt files a court action to exercise eminent domain • A hearing is scheduled, at which the govt must demonstrate that it engaged in good faith negotiations to purchase the property but that no agreement was reached. The government must also demonstrate that the taking of the property is for a public use, as defined by law. The property owner is given the opportunity to respond to the government's claims. • If the government is successful in its petition, proceedings are held to establish the FMV of the property. Any payment to the owner is first used to satisfy any mortgages or liens on the property, with any remaining balance paid to the owner. The govt obtains title. • If the government is not successful, or if the property owner is not satisfied with the outcome, either side may appeal the decision.

7. Intentional Torts and Negligence • Intentional Torts • Deliberate breach of a duty • Intent to produce injury is not required • Assault/battery, false imprisonment, defamation, etc • Negligence • Torts based on carelessness are classified as negligence • Most common form of torts • Intent to injure is not required in this tort – only carelessness is required • Injury – must be proven • If you act recklessly and no one is injured, there usually is no tort

8. Reasonable Person Standard • Reasonable Person Standard • Requires you act with care and good judgment of a reasonable person so as to not cause injury to others • Degrees of this standard • Vicarious liability • Intentional Torts • Assault • Age makes a difference • Children under 7 are held incapable of negligence • Older children are only required to act with the care of a reasonable child of their age • If child takes role of adult activity (driving car, boat) they then can be held to an adult standard

9. Slander, Libel, Invasion of Privacy • Slander – saying something false • Libel – writing something false • Invasion of Privacy • Uninvited intrusion into a individual’s personal activities • No illegal eavesdropping with listening device, interference with telephone calls, unauthorized opening of letters • However, police have right to tap telephone lines secretly if they have a warrant • Politicians, actors, etc give up much of their right to privacy when they step into the public domain

10. Types of Liability • Vicarious • Someone else is responsible for the wrongful act of another (parents responsible for their children) • Absolute • Responsible for injuries that result even though all reasonable care has been taken • Strict • Manufacturers are responsible for consumer injuries caused by defective products

11. Contributory Negligence • Contributory Negligence • OLD LAW: cannot recover for loss if the plaintiff was negligent • NEW LAW: Comparative Negligence (IL has this) • Assumption of Risk – you know the dangers and decide to do it anyway • Strict Liability – you are liable • For example, Manufacturers are liable for their products

12. Damages • Injunction • Court order for a person to do or not to do a particular act. • Damages • Monetary award to an injured party to compensate them for loss • Types: • compensatory damages – actual dollar amount of loss • punitive damages – meant to punish (usually in the millions) • Collecting of $ damages • writ of executionstates how damages will be paid

13. McDonald’s Coffee Case • Read article relating to torts and tort reform • Assignment: Complete questions at the end of the article using vocabulary and concepts you have learned over the past two days