the law of torts. what is tort law? based on the belief that… individuals have rights people have...
TRANSCRIPT
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The Law of Torts
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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.
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What is the difference between a tort and a crime?
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A crime is a wrong against the public at
large.
A tort is a wrong against an individual.
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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
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Types of Torts
•Intentional Torts•Unintentional Torts
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Intentional Torts
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• 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
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“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.
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• 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
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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
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Unintentional Torts
Tort that is caused by negligence.
Most common in today’s society.
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What is negligence?
Failure to exercise a degree of care that a reasonable person
would have exercised in the same circumstances.
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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
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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
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Defenses of Negligence
Eliminate 1 of the 4 elements!
OR…
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Contributory Negligence
Plaintiff’s own negligence helped caused the harm
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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
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Assumption of risk
Plaintiff knew risk involved and still took a chance of injury
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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
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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
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Activities that are so dangerous, neither negligence nor
intentional tort law apply
• Fireworks• Explosives• Wild animals• Storing highly flammable
liquids