The Law of Torts Chapter 4 Mr Sherpinskys

The Law of Torts Chapter 4 Mr. Sherpinsky’s Business Law Class

The Opening Scene, pg. 79 Jamila Trai Daniel Peggy

Justice Journal Have you ever been accused of an activity or behavior that was damaging to your reputation? Have you ever felt your personal privacy was invaded?

Key Terms crime (p. 80) tort (p. 80) intentional tort (p. 81) tortfeasor (p. 82) trespass (p. 82) nuisance (p. 83) false imprisonment (p. 83) defamation (p. 84) invasion of privacy (p. 86)

Pre-Learning Question What is the difference between criminal law and tort law?

Criminal Law versus Tort Law The Difference Between Criminal Law and Tort Law : A crime is an act against not only a specific individual, but the general welfare, as well. ▪ Offense against society… Punishable by Government A tort is a private wrong committed by one person against another. ▪ Person injured as a result can sue and obtain a judgment One act can be both a tort and a crime

Concept of Rights The law of torts is grounded in the concept of rights. Under tort law all people are entitled to certain rights. These include the right to: be free from bodily harm. enjoy a good reputation conduct business without unwarranted interference

Concept of Rights The law imposes a duty on all of us to respect the rights of others. Tort law governs this interplay between rights and duties.

Intentional Torts What is an intentional tort? v Torts can be committed either intentionally or unintentionally. An intentional tort occurs when a person knows and desires the consequences of his or her act.

Video Moment: Torts

Intentional Torts Assault and Battery The tort of assault occurs when one person deliberately leads another person to believe that he or she is about to be harmed. The tort of battery involves the unlawful, unprivileged touching of another person. Ø The tort of assault is different from the crime of assault. The victim of a tort assault must know that the tortfeasor meant to commit harm. A tortfeasor is the person who committed the tort.

Pop Quiz Raymond slapped his wife Charlotte while they were arguing about child support. Which tort did Raymond commit—assault or battery? Battery

Case Studies: School Slip and Fall Problem 17. 12 a) b) c) d) e) f) Who is responsible for Dale’s injury? For Mrs. Martinez’s injury? From whom will Dale recover damages? Is there a limit to the amount that Dale can recover? From whom will Mrs. Martinez recover damages? How will she recover those damages? Is there a limit to the amount Mrs. Martinez can recover? Why does the law treat these two injured people differently? Is this fair/ Explain.

Intentional Torts Trespass A trespass is the wrongful damage to or interference with the property of another. Example 2, pg. 82 Sorensen and some friends went hunting on Lashutka’s private ranch w/o her permission. ▪ The landowner could bring a lawsuit for the tort of trespass. ▪ Notice that Sorenson and Friends did not actual harm property. ▪ Law of trespass presumes injury from mere unwelcome presence on property by another

Intentional Torts Nuisance The tort of nuisance is anything that interferes with the enjoyment of life or property.

Intentional Torts False Imprisonment Law enforcement officers must have probable cause or a warrant to arrest someone, or they can be sued for false imprisonment, or false arrest. Example 3, pg. 84 Betty Brandon, a store detective for Brennan’s Department Store, thought she saw a customer Gwen Forsythe place lipstick in her purse. Detective apprehended woman and lock her in store room for questioning. Betty and store owner became satisfied that Gwen was innocent and released her. Gwen sued for false imprisonment and court ruled in favor of Gwen. Huge sum of money for her humiliation and emotional suffering.

Intentional Torts Defamation is the wrongful act of injuring another’s reputation by making false statements. ▪ Libel is a false statement in written form. ▪ Slander is a false statement made orally to a third party.

Video Moment: Slander/Libel

Intentional Torts Invasion of Privacy Invasion of privacy is interfering with a person’s right to be left alone, which includes the right to be free from unwanted publicity and interference with private matters.

Justice Journal Was there ever a time when you may have unintentionally caused an accident or an injury to another person or property.

Critical Thinking If criminal law is responsible for dealing with individuals who commit wrongful acts, what purpose does tort law serve? Why do you need to understand the different intentional torts? Tort law compensates victims, and in order to properly represent his or her client as a tortfeasor or a victim, an attorney must have a proper understanding of the different intentional torts.

Key Terms: Unintentional Torts negligence (p. 88) strict liability (p. 88) breach of duty (p. 88) proximate cause (p. 90) contributory negligence (p. 91) comparative negligence (p. 92) assumption of risk (p. 92)

Video Moment: Torts Student Version

Visual Reinforcement Torts Intentional Torts Unintentional Torts When a person commits a wrong against another and knows and desires the consequences of his or her act. When acting in a careless manner causes damage or injury. Examples Assault and Battery Trespass False imprisonment Examples Negligence Strict liability

Unintentional Torts Negligence – mere carelessness Negligence is an accidental or unintentional tort resulting because of the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances. ▪ ▪ Duty Breach of duty Actual or Proximate Cause Injury

Strict Liability Some activities are so dangerous that the law will apply neither the principles of negligence nor the rules of intentional torts to them. According to strict liability, if these activities injure someone or damage property, the people engaged in the activities will be held liable, regardless of how careful they were and regardless of their intent. Ultra Hazardous Activities Explosives Keeping wild animals Storing highly flammable liquids Product Liability Exceptions

Vicarious Liability Vicarious liability is a form of strict, or secondary liability that arises under the common law doctrine of agency The responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator.

Elements of Negligence Duty of Care All of us have a duty not to violate certain rights of others. The plaintiff must demonstrate that the defendant owed him or her duty of care. .

Elements of Negligence Duty of Care Example 4, pg. 89 While using a diving board at public pool, Julia fell and was injured. The injury could have been avoided if the diving board had a guard rail. Julia sued the Health Department, arguing that the department had inspected the pool but did not do anything about the missing guardrail. State Supreme Court ruled against Julia saying the State’s sanitary code required inspections only for health problems, not safety problems. NO DUTY to Julia.

Elements of Negligence Breach of Duty “Reasonable person” test Breach of duty is the failure to use the degree of care that a reasonable person would exercise in that same situation. The words “reasonable person” must be used when instructing the jurors.

Video Moment: Torts Social Host Liability

Elements of Negligence Proximate Cause Proximate cause is the legal connection between unreasonable conduct and the resulting harm. Without proximate cause, the result would not have occurred.

Elements of Negligence Proximate Cause Example 5, pg. 90 Mrs. Palsgraf was waiting for a train on the platform of the Long Island Railroad Company. As another train was pulling out of the station, a man carrying a package ran to catch it. A railroad attendant on the train pulled the man upward, while another attendant push him forward. The man’s package fell to the ground, which contained fireworks and the resulting explosion shook the platform and knocked over some scales, which hit Mrs. Palsgraf sued for negligence. Court ruled attendants could not reasonably foresee that pushing and pulling a man onto a train would injure a woman standing near.

Elements of Negligence Actual Harm or Injury The essence of any tort suit is a violation of a duty that results in injury to the plaintiff. The plaintiff must have actually suffered physical injury, property damage, or financial loss. Example 6, pg. 90: Opening Scene: Jamila says that Trai’s foolish driving amounts to negligence. Peggy reminds her that actual harm must result before Trai’s conduct would be negligent

Defenses to Negligence Contributory Negligence Behavior by the plaintiff that helps cause his or her injuries may be considered contributory negligence.

Defenses to Negligence Comparative Negligence The negligence of each party is compared under the doctrine of comparative negligence, and the amount of the plaintiff’s recovery is reduced by the percent of his or her negligence. Percentage Rule of Responsibility

Defenses to Negligence Comparative Negligence Example 7, pg. 92: Jason cohen sued Mark Goodhue for damages suffered in an automobile accident. The jury found the damages to $100, 000, and also found that Jason was 10 percent negligent and Mark was 90 percent negligent. As a result, Jason could only recover $90, 000 instead of the full amount.

Defenses to Negligence Assumption of Risk If the defendant can show the plaintiff knew of the risk involved and still took the chance of being injured, he or she may claim assumption of risk. Example – ballparks: Read the back of your ticket

Mediation Mediation: parties agree to have a third-party mediator hear the case facts and rule. Binding on the parties Cheaper compared to Court Faster and more timely Usually more desirable for less serious cases

Case Studies: Spilled Peanut Butter Problem 17. 6 a) Whom should Mrs. Hightower sue for damages? Why? b) Who, if anyone, was at fault in this case? Give your reasons. c) What methods other than a civil trial could the plaintiff use to deal with this situation? d) How could these methods work?

Question for Review What is the difference What does the Federal Under today’s law, to What defenses can you between intentional and unintentional torts? what extent do property owners own the airspace above their land? privacy Act of 1974 require federal agencies do? use if you are faced with a negligence suit?

Question for Review Explain the difference between contributory negligence and comparative negligence Explain how the tort of assault differs from the crime of assault What types of people have a difficult time proving damage to their reputation as part of defamation lawsuits? Under what circumstances may a defendant to a negligence suit claim the assumption of risk defense?

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