objective: swbat define what a tort is and how a person may commit one

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Objective: SWBAT define what a tort is and how a Objective: SWBAT define what a tort is and how a person may commit oneperson may commit one

TortTort is the French word for a “wrong.” is the French word for a “wrong.”

Tort law a.k.a. civil lawTort law a.k.a. civil law protects a variety of protects a variety of injuries and provides remedies for them.injuries and provides remedies for them.

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Objective: SWBAT define what a tort is and how a Objective: SWBAT define what a tort is and how a person may commit oneperson may commit one

Under tort law, an injured party can Under tort law, an injured party can

bring a bring a civil lawsuitcivil lawsuit to seek to seek

compensation for a wrong done to compensation for a wrong done to

the party or the party’s property.the party or the party’s property.

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Objective: SWBAT identify what defines a tort Objective: SWBAT identify what defines a tort damage, and the remedy for it.damage, and the remedy for it.

Tort damagesTort damages are monetary are monetary damages that are sought from the damages that are sought from the offending party.offending party.

They are intended to compensate They are intended to compensate the injured party for the injury the injured party for the injury suffered.suffered.

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Tort law imposes a duty on persons and business agents not to intentionally or negligently injure others in society.

Objective: SWBAT identify what defines a Objective: SWBAT identify what defines a tort damage, and the remedy for it.tort damage, and the remedy for it.

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Objective: SWBAT identify and explain the Objective: SWBAT identify and explain the various types of tortsvarious types of torts

Intentional Torts

Strict Liability Torts

Unintentional Torts (Negligence)Categories

Categories

of Tortsof Torts

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Objective: SWBAT distinguish between the Objective: SWBAT distinguish between the different types of intentional tortsdifferent types of intentional torts

Intentional Torts:Intentional Torts:A category of torts that requires that the A category of torts that requires that the defendant possessed the intent to do the act defendant possessed the intent to do the act that caused the plaintiff’s injuries.that caused the plaintiff’s injuries.

There are two categories of intentional torts:There are two categories of intentional torts: Intentional torts against personsIntentional torts against persons Intentional torts against propertyIntentional torts against property

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The law protects a person from unauthorized The law protects a person from unauthorized touching, restraint, or other contact.touching, restraint, or other contact.

The law also protects a person’s reputation and The law also protects a person’s reputation and privacy.privacy.

Violations of these rights are actionable as torts.Violations of these rights are actionable as torts.

Intentional Torts Against PersonsIntentional Torts Against Persons

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AssaultAssault The threat of immediate harm or The threat of immediate harm or

offensive contact; oroffensive contact; or Any action that arouses reasonable Any action that arouses reasonable

apprehension of imminent harm.apprehension of imminent harm. Actual physical contact is Actual physical contact is

unnecessary.unnecessary.

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BatteryBattery Unauthorized and harmful or offensive Unauthorized and harmful or offensive

physical contact with another person.physical contact with another person.

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Objective: SWBAT identify the conditions Objective: SWBAT identify the conditions of false imprisonmentof false imprisonment

False ImprisonmentFalse Imprisonment The intentional confinement or restraint of The intentional confinement or restraint of

another person without authority or another person without authority or justification and without that person’s justification and without that person’s consent.consent.

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False ImprisonmentFalse Imprisonment (continued)(continued)

Merchant Protection Statutes –Merchant Protection Statutes – allow merchants allow merchants to stop, detain, and investigate suspected to stop, detain, and investigate suspected shoplifters without being held liable for false shoplifters without being held liable for false imprisonment if:imprisonment if:There are reasonable grounds for the suspicion,There are reasonable grounds for the suspicion,Suspects are detained for only a reasonable time, andSuspects are detained for only a reasonable time, andInvestigations are conducted in a reasonable manner.Investigations are conducted in a reasonable manner.

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Objective: SWBAT discern between the Objective: SWBAT discern between the two types of defamation of charactertwo types of defamation of character Defamation of CharacterDefamation of Character

False statement(s) made by one person False statement(s) made by one person about another. The plaintiff must prove that:about another. The plaintiff must prove that:The defendant made an an The defendant made an an untrue statement untrue statement

of factof fact about the plaintiff; and about the plaintiff; andThe statement was intentionally or The statement was intentionally or

accidentally accidentally publishedpublished to a third party. to a third party.

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Objective: SWBAT discern between the two Objective: SWBAT discern between the two types of character defamationtypes of character defamation

Defamation of CharacterDefamation of Character (continued)(continued)

Slander –Slander – verbal defamation of verbal defamation of character (includes social media, character (includes social media, which is treated as speech)which is treated as speech)

Libel –Libel – a false statement that appears a false statement that appears in a letter, newspaper, magazine, in a letter, newspaper, magazine, book, photo, video, etc.book, photo, video, etc.

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Objective: SWBAT recognize the concept Objective: SWBAT recognize the concept of actual maliceof actual malice

In In New York Times v. Sullivan,New York Times v. Sullivan, the U.S. the U.S. Supreme Court held that public officials Supreme Court held that public officials cannot recover for defamation unless they cannot recover for defamation unless they can prove that the defendant acted with can prove that the defendant acted with actual maliceactual malice..

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Objective: SWBAT identify the tort of Objective: SWBAT identify the tort of invasion of privacyinvasion of privacy

Invasion of the Right to PrivacyInvasion of the Right to Privacy A tort that constitutes the violation of a A tort that constitutes the violation of a

person’s right to live his or her life without person’s right to live his or her life without being subjected to unwanted and being subjected to unwanted and undesired publicity.undesired publicity.

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Objective: SWBAT identify what the tort outrage is Objective: SWBAT identify what the tort outrage is damage, and the remedy for it.damage, and the remedy for it.

Intentional Infliction of Emotional DistressIntentional Infliction of Emotional Distress

A tort that says a person whose A tort that says a person whose extreme extreme and outrageousand outrageous conduct intentionally or conduct intentionally or recklessly causes severe emotional recklessly causes severe emotional distress to another person is liable for that distress to another person is liable for that emotional distress.emotional distress.

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Objective: SWBAT identify the various types of Objective: SWBAT identify the various types of torts against one’s personal propertytorts against one’s personal property

There are two general categories of property:There are two general categories of property: Real Property – Real Property – consists of land and consists of land and

anything permanently attached to that land.anything permanently attached to that land. Personal Property –Personal Property – consist of things that consist of things that

are movable.are movable.AutomobilesAutomobilesBooksBooksClothesClothesPetsPets

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Objective: SWBAT identify what defines a Objective: SWBAT identify what defines a trespass, and the different types that existtrespass, and the different types that exist

Trespass to LandTrespass to Land A tort that interferes with an owner’s A tort that interferes with an owner’s

right to exclusive possession of land.right to exclusive possession of land.

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Objective: SWBAT identify what defines a Objective: SWBAT identify what defines a trespass, and the different types that existtrespass, and the different types that exist

Trespass to Personal PropertyTrespass to Personal Property A tort that occurs whenever one person A tort that occurs whenever one person

injures another person’s personal property; orinjures another person’s personal property; or Interferes with that person’s enjoyment of his Interferes with that person’s enjoyment of his

or her personal property.or her personal property.

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Objective: SWBAT identify what defines the tort of Objective: SWBAT identify what defines the tort of conversionconversion

Conversion of Personal PropertyConversion of Personal Property A tort that deprives a true owner of A tort that deprives a true owner of

the use and enjoyment of his or her the use and enjoyment of his or her personal property by:personal property by:Taking over such property; andTaking over such property; andExercising ownership rights over it.Exercising ownership rights over it.

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Objective: SWBAT identify what defines an Objective: SWBAT identify what defines an unintentional tort, and the different types that existunintentional tort, and the different types that exist

Unintentional TortUnintentional TortA person is liable for harm that is the A person is liable for harm that is the

foreseeableforeseeable consequence of his or her consequence of his or her

actions.actions.

Forseeability testForseeability test

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Objective: SWBAT identify what defines an Objective: SWBAT identify what defines an unintentional tort, and the different types that existunintentional tort, and the different types that exist

NegligenceNegligence The omission to do something which a The omission to do something which a

reasonable person would do in a given reasonable person would do in a given situation; situation; oror

Doing something which a prudent and Doing something which a prudent and reasonable person would reasonable person would notnot do. do.

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Objective: SWBAT identify the elements needed to Objective: SWBAT identify the elements needed to prove negligence in a civil lawsuitprove negligence in a civil lawsuit

To be successful in a negligence To be successful in a negligence lawsuit, the plaintiff must prove that:lawsuit, the plaintiff must prove that:

1.1. The defendant owed a The defendant owed a duty of careduty of care to to the plaintiffthe plaintiff

2.2. The defendant The defendant breachedbreached the duty of the duty of carecare

3.3. The plaintiff suffered The plaintiff suffered injuryinjury

4.4. The defendant’sThe defendant’s negligent act negligent act causedcaused the plaintiff’s injurythe plaintiff’s injury

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Objective: SWBAT identify what defines duty of care, and Objective: SWBAT identify what defines duty of care, and how the reasonable person standard applies to it.how the reasonable person standard applies to it.

Duty of Care –Duty of Care – the obligation we all the obligation we all each other not to cause any each other not to cause any unreasonable harm or risk of harm.unreasonable harm or risk of harm. The courts apply a The courts apply a reasonable person reasonable person

standardstandard.. Defendants with a particular expertise or Defendants with a particular expertise or

competence are measured against a competence are measured against a reasonable professional standardreasonable professional standard..

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Objective: SWBAT identify the elements needed to Objective: SWBAT identify the elements needed to prove negligence in a civil lawsuitprove negligence in a civil lawsuit

Breach of Duty –Breach of Duty – a failure to exercise care a failure to exercise care or to act as a reasonable person would act.or to act as a reasonable person would act.

Injury to Plaintiff –Injury to Plaintiff – the plaintiff must suffer the plaintiff must suffer personal injury or damage to his or her personal injury or damage to his or her property to recover monetary damages for property to recover monetary damages for the defendant’s negligence.the defendant’s negligence. Effect on the plaintiff’s life or profession.Effect on the plaintiff’s life or profession.

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Objective: SWBAT identify the types of causation Objective: SWBAT identify the types of causation needed to help prove negligence in a civil lawsuitneeded to help prove negligence in a civil lawsuit

Causation –Causation – a person who commits a a person who commits a negligent act is not liable unless his or negligent act is not liable unless his or her act was the cause of the plaintiff’s her act was the cause of the plaintiff’s injuries.injuries. Causation in FactCausation in Fact (actual cause) (actual cause) Proximate CauseProximate Cause (legal cause) (legal cause)

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Objective: SWBAT identify how causation in fact Objective: SWBAT identify how causation in fact may help prove negligence in a civil lawsuitmay help prove negligence in a civil lawsuit

Causation in FactCausation in Fact (actual cause) (actual cause) The actual cause of negligence.The actual cause of negligence. A person who commits a negligent act is A person who commits a negligent act is

not liable unless causation in fact can be not liable unless causation in fact can be proven.proven.

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Objective: SWBAT identify how proximate cause Objective: SWBAT identify how proximate cause may help prove negligence in a civil lawsuitmay help prove negligence in a civil lawsuit

Proximate CauseProximate Cause (legal cause) (legal cause) Under the law, a negligent party is not Under the law, a negligent party is not

necessarily liable for all damages set in necessarily liable for all damages set in motion by his or her negligent act.motion by his or her negligent act.

The law establishes a point along the The law establishes a point along the damage chain after which the negligent damage chain after which the negligent party is party is no longer no longer legally responsible for legally responsible for the consequences of his or her actions.the consequences of his or her actions.

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Landmark LawLandmark Law

The doctrine of The doctrine of proximate causeproximate cause was defined in the was defined in the Pfalsgraf v. Pfalsgraf v. Long Island Railroad CompanyLong Island Railroad Company case.case.

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Objective: SWBAT identify additional types of unintentional Objective: SWBAT identify additional types of unintentional torts, and the steps needed for litigationtorts, and the steps needed for litigation

Negligent Infliction of Emotional Negligent Infliction of Emotional DistressDistress A tort that permits a person to recover for A tort that permits a person to recover for

emotional distress caused by the emotional distress caused by the defendant’s negligent conduct.defendant’s negligent conduct.

Professional MalpracticeProfessional Malpractice The liability of a professional who The liability of a professional who

breaches his or her duty of ordinary care.breaches his or her duty of ordinary care.

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Special Negligence DoctrinesSpecial Negligence Doctrines

Negligence Per SeNegligence Per Se

Res Ipsa LoquiturRes Ipsa Loquitur

Good Samaritan LawsGood Samaritan Laws

Dram Shop ActsDram Shop Acts

Guest StatutesGuest Statutes Fireman’s RuleFireman’s Rule

Negligence Per SeNegligence Per Se

Res Ipsa LoquiturRes Ipsa Loquitur

Good Samaritan LawsGood Samaritan Laws

Dram Shop ActsDram Shop Acts

Guest StatutesGuest Statutes Fireman’s RuleFireman’s Rule

““Danger Invites Danger Invites Rescue” DoctrineRescue” Doctrine

Social Host LiabilitySocial Host Liability Liability of Liability of

LandownersLandowners Liability of Common Liability of Common

Carriers and Carriers and InnkeepersInnkeepers

““Danger Invites Danger Invites Rescue” DoctrineRescue” Doctrine

Social Host LiabilitySocial Host Liability Liability of Liability of

LandownersLandowners Liability of Common Liability of Common

Carriers and Carriers and InnkeepersInnkeepers

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Superseding or Superseding or

Intervening Intervening

EventEvent

Assumption of Assumption of

the Riskthe Risk

Contributory Contributory

NegligenceNegligence

Comparative Comparative

NegligenceNegligence

DEFENSES DEFENSES AGAINST AGAINST

NEGLIGENCENEGLIGENCE

Objective: SWBAT learn the defenses to negligence

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OBJECTIVE: SWBAT identify the types of torts a OBJECTIVE: SWBAT identify the types of torts a business may commitbusiness may commit

Entering certain businesses and Entering certain businesses and

professions without a licenseprofessions without a license

Unfair competitionUnfair competition

Price gougingPrice gouging

Price fixingPrice fixing

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DisparagementDisparagement-making false derogatory -making false derogatory

statements about a competitors product in statements about a competitors product in

order to make yours look superiororder to make yours look superior False advertisingFalse advertising Intentional misrepresentation (fraud)Intentional misrepresentation (fraud)

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OBJECTIVE: SWBAT identify the required elements OBJECTIVE: SWBAT identify the required elements to prove fraudto prove fraud

The elements required to find fraud are:The elements required to find fraud are:1.1. The wrongdoer made a false The wrongdoer made a false

representation of material fact.representation of material fact.

2.2. The wrongdoer had knowledge that the The wrongdoer had knowledge that the representation was false and intended to representation was false and intended to deceive the innocent party.deceive the innocent party.

3.3. The innocent party justifiably relied on The innocent party justifiably relied on the misrepresentation.the misrepresentation.

4.4. The innocent party was injured.The innocent party was injured.

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Intentional interference with Intentional interference with contractual relationscontractual relations

Breach of the implied covenant of Breach of the implied covenant of good faith and fair dealinggood faith and fair dealing

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OBJECTIVE: SWBAT define punitive damages and OBJECTIVE: SWBAT define punitive damages and explain why they are awardedexplain why they are awarded

Punitive damagesPunitive damages Are not recoverable for breach of Are not recoverable for breach of

contractcontract Recoverable for certain Recoverable for certain tortioustortious

conductconductFraudFraudIntentional conductIntentional conductOther egregious conductOther egregious conduct

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OBJECTIVE: SWBAT identify the types of situations OBJECTIVE: SWBAT identify the types of situations in which a person may claim strict liabilityin which a person may claim strict liability

Strict liability is Strict liability is liability without faultliability without fault..

A participant in a covered activity A participant in a covered activity will be held liable for any injuries will be held liable for any injuries caused by the activity even if he or caused by the activity even if he or she was not negligent.she was not negligent.

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Strict Liability Strict Liability (continued)(continued)

This doctrine holds that:This doctrine holds that:

1.1. There are certain activities that can There are certain activities that can place the public at risk of injury even place the public at risk of injury even if reasonable care is taken; andif reasonable care is taken; and

2.2. The public should have some means The public should have some means of compensation if such injury of compensation if such injury occurs.occurs.

objective: swbat define what a tort is and how a person may commit one

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