Presentation Transcript

1. The Law of Torts

   Chapter 4.1 “Intentional Torts”
2. Criminal Law vs. Tort Law When people commit a crime, they harm not only specific individuals but also the general welfare. Crime is considered an offense against the public at large and therefore punishable by the government In contrast, a tort is a private wrong doing committed by one person against another A tort will lead the wronged party to try and recover money as compensation for loss or injury suffered Sometimes a single action can be both a tort and a crime
3. Tort and Crime Example Dr. Boyle was prosecuted, tried, and convicted of strangling his wife, Noreen. After being criminally prosecuted for aggravated murder, a wrongful death suit was brought under tort law on behalf of Noreen’s 2 minor children. The single act of killing his wife involved Dr. Boyle in two court actions. The law punished the defendant with a sentence of life imprisonment and also gave the children the right to recover money as compensation for the death of their mother.
4. Intentional Torts Torts are classified as intentional and unintentional Intentional occurs when a person knows the consequences of his or her act They are: Assault Battery Trespass Nuisance False Imprisonment Defamation Invasion of Privacy
5. Assault and Battery Separate torts Can be committed together Assault occurs when one person deliberately leads another to believe that he or she is about to be harmed Example - Rushing toward someone with a knife Battery involves the unlawful, unprivileged touching of another person even if it is not harmful
6. Assault & BatteryTort vs. Crime Main difference between assault and battery tort and assault and battery crime Victim of the tort must have know that the tortfeasor, or person who committed the tort, meant to commit harm
7. Trespass & Nuisance Trespass is the wrongful damage to or interference with property of others Property refers to anything you own Real property (land, items grown on land) Most commonly refers to property Nuisance is anything that interferes with the enjoyment of life or property Loud noises at night Noxious odors Smoke/fumes
8. False Imprisonment A.K.A. False Arrest Law enforcement must have probable cause or a warrant Most states have laws that allow store managers and detectives to detain suspected shoplifters Must have reasonable grounds to suspect shoplifting has occurred
9. Defamation The wrongful act of injuring another’s reputation by making false statements Divided into 2 categories Libel Slander
10. Libel vs. Slander Libel – is false statement in written or printed form Injures another’s reputation or reflects negatively on that person’s character Radio, TV, magazines, newspaper movies, photos, signs Slander – is a false statement that is made orally to third party Can sue if permanent statement damages your reputation State Reps and Congress are privileged People in public limelight have more difficulty proving – they have chosen this lifestyle
11. Invasion of Privacy Interfering with a persons right to be left alone Including the right to unwanted publicity and interference in private matters Federal Privacy Act of 1974 – safeguards against invasion by agencies of the federal government Protected against using your photograph, likeness, or name without your permission for advertising or publicity Technology has created major issues – you are protected against people who break into computers for confidential information
12. POP QUIZ! Raymond slapped his wife while arguing about child support. Which tort did he commit—assault or battery? BATTERY Which definition best describes “tortfeasor”? (a) A person charged with the crime of assault and battery. (b) A person charged with committing a tort, such as trespass. (B)