5-2 Intentional Torts, Negligence, and Strict Liability

1. 5-2 Intentional Torts, Negligence, and Strict Liability • GOALS • Identify common intentional torts • Recognize the elements of negligence • Explain the basis for strict liability Chapter 5

2. Assault– to put in fear of offensive or harmful touching Battery – harmful or offensive touching False imprisonment - intentional confinement of a person against their will Defamation – false statement that injures a person’s reputation or good name Slander - spoken Libel - written Cyberlaw email bulletin boards social media Communications Decency Act 1996 Protection to service providers Protection to board operators Liable if: Exercise editorial or full control of material posted or transmitted Had knowledge of specific defamatory contents WHAT ARE THE MOST COMMON INTENTIONAL TORTS? Chapter 5

3. Invasion of privacy – uninvited intrusion into an individual’s personal relationships and activities in a way likely to cause shame or mental suffering Public figures – give up a lot of rights to when entering public domain Non-public figures – U.S. allows collection of data that can be sold True or untrue statement in a publication could possible be an invasion Intentional infliction of emotional distress – Intentional reckless act by the defendant Act is outrageous or extreme Act causes suffering of severe emotional distress Trespass to land – entry onto the property of another without owner’s consent WHAT ARE THE MOST COMMON INTENTIONAL TORTS? Chapter 5

4. Conversion – act of stealing, destroying, or using another’s property Thief is a converter Buyer of stolen goods is also a converter Interference with contractual relations – party that breaches a contract Fraud – intentional or recklessly made misrepresentation of an exisiting important fact WHAT ARE THE MOST COMMON INTENTIONAL TORTS? Chapter 5

5. What’s Your Verdict?    When Hart asked to borrow Angelique’s pick-up truck to move some of his furniture to his new apartment, she gave him permission on the condition that he only use it for that purpose and have it back to her by that evening. After he finished moving, however, Hart called a couple of his buddies, hitched his bass boat to the truck, and towed it to the lake. When Hart returned the truck late the next day, Angelique told him she was suing him. Had Hart committed an intentional tort? Because he intentionally utilized the pick-up truck for his own ends after moving, thereby denying the owner of her use of itl Chapter 5

6. NEGLIGENCE • Most common tort • No intent needed • 4 elements • Duty imposed by negligence • Reasonable person standard • Professionals/skilled tradespersons have higher degree of care • Breach of duty • Causation and injury • Defenses to negligence • Contributory negligence • Comparative negligence • Assumption of the risk Chapter 5

7. What’s Your Verdict?    Britt was driving home late one rainy night after drinking alcohol all evening. With only one working headlight, she raced down residential streets at speeds up to 60 miles per hour. Meanwhile, Yee was slowly backing her station wagon out of her driveway, but she failed to look both ways when she should have. Britt rammed into the right rear end of Yee’s car. Both Yee and Britt were injured in the collision and their vehicles severely damaged. Who will have to pay damages for the injuries and property damage sustained in the accident? • Reasonable person would drive car at safe speed, sober, and with working headlights. • Britt’s speed in unsafe vehicle, while impaired • Yee was contributory negligent because she didn’t look both ways Chapter 5

8. WHY IS STRICT LIABILITY NECESSARY? • Engaging in abnormally dangerous activities • Owning dangerous animals • Selling unreasonably dangerous goods Chapter 5

9. What’s Your Verdict?    While grocery shopping, Mrs. Lamm placed a large glass container of a new drain cleaner in her shopping cart. Later, when she set the container on the check-out counter, it exploded. The flying glass cut her in several places. Can she collect in tort from the grocery store or the bottler? Because the bottle was defective and the defect made the product unreasonably dangerous, Mrs. Lamm could collect from either the store, the bottler, or both under strict liability. Chapter 5