the law of torts. what is tort law? based on the belief that… individuals have rights people have...

The Law of Torts

What is Tort Law?

Based on the belief that…• Individuals have rights• People have duty to avoid violating those • rights

Therefore…

A tort is one person’s interference with another person’s rights, either through intent, negligence or liability.

What is the difference between a tort and a crime?

A crime is a wrong against the public at

large.

A tort is a wrong against an individual.

A person who commits a tort is called a tortfeasor.

Criminal prosecutions are brought by the State or

government

Tort prosecutions are brought by the person

wronged

Types of Torts

•Intentional Torts•Unintentional Torts

Intentional Torts

• Assault – threat that results in fear

• Battery – unlawful, unprivileged (unwanted) touching of another person

• Trespass – wrongful injury or interference with another’s property

• Nuisance – interference with the enjoyment of life or property

• False imprisonment – applies to police and business owners (detaining shoplifters)

• Defamation – injuring another’s reputation or make false statementsLibel – writtenSlander - verbal

“The Fairness Doctrine”

• Set up by FCC (Federal Communications Commission)

• If person is defamed on air, the person has the right to defense using free air time within one week of defamation.

• Assault – threat that results in fear

• Battery – unlawful, unprivileged (unwanted) touching of another person

• Trespass – wrongful injury or interference with another’s property

• Nuisance – interference with the enjoyment of life or property

• False imprisonment – applies to police and business owners (detaining shoplifters)

• Defamation – injuring another’s reputation or make false statementsLibel – writtenSlander – verbal

• Invasion of privacy – interference with right to be left alone

Federal Privacy Act of 1974

• Protection from agencies of Fed. Gov’t

• Allows knowledge of information kept and to correct errors

• Agencies must get permission to use info outside of normal purpose

Unintentional Torts

Tort that is caused by negligence.

Most common in today’s society.

What is negligence?

Failure to exercise a degree of care that a reasonable person

would have exercised in the same circumstances.

Elements of negligence

(all must be proven)

• Defendant owed the plaintiff duty of care• Defendant acted in breach of duty • Breach of duty was proximate cause of

injury• Plaintiff suffered actual harm or injury

1. Duty of Care

The obligation to not violate the

rights of another person

2. Breach of Duty

Failure to exercise

reasonable care

3. Proximate Cause

Something that produces a result that

otherwise would not have occurred4. Harm or Injury

Includes physical injury, property

damage or financial loss

Defenses of Negligence

Eliminate 1 of the 4 elements!

OR…

Contributory Negligence

Plaintiff’s own negligence helped caused the harm

Comparative Negligence

• Negligence of both parties compared

• Plaintiff’s recovery equal to his percent of negligence

• 50% rule – no recovery if more • Adopted by most states• Considered to be more fair

Assumption of risk

Plaintiff knew risk involved and still took a chance of injury

Doctrine of “Strict Liability”

• Negligence does not apply

• Ultra hazardous activities– Using explosives (fireworks)– Keeping wild animals– Storing flammable liquids in highly populated

areas

• Product liability in most cases

Survival Statues• Allows lawsuit to

be brought by defendant’s survivors even if both defendant and plaintiff are dead

• Cause of death inconsequential

Wrongful Death Statutes

• Death must have been result of negligence or intentional conduct

• Limited to family members

• Financially affected

Activities that are so dangerous, neither negligence nor

intentional tort law apply

• Fireworks• Explosives• Wild animals• Storing highly flammable

liquids