Section 3.1
Definition of a Tort
Section 3.1 Definition of a Tort
A tort is a private wrong committed by one
person against another person or another
person’s property.
Section 3.1 Definition of a Tort
A person who commits a tort is called a
tortfeasor.
In a lawsuit, the tortfeasor is the defendant
and the victim is the plaintiff.
Section 3.1 Definition of a Tort
An intentional tort is an act that is intended
to hurt, embarrass, or scare another person,
or to damage another person’s property.
Section 3.1 Definition of a Tort
The most common intentional torts against
individuals are:
assault and battery
defamation
intentional infliction of emotional distress
false imprisonment
invasion of privacy
Section 3.1 Definition of a Tort
An assault occurs when an individual
threatens to harm an innocent person using
words, gestures, or both.
Section 3.1 Definition of a Tort
Battery occurs when someone deliberately
touches another person or that person’s
clothing against his or her wishes.
Section 3.1 Definition of a Tort
False imprisonment occurs when one
person unlawfully restrains another from
moving freely. It may involve physical
restraint or merely a show of force.
Section 3.1 Definition of a Tort
Defamation occurs when one person lies
about another in a way that damages his or
her reputation.
There are two types of defamation: libel,
which is written, and slander, which is oral.
Section 3.1 Definition of a Tort
Citizens have the right to live without others
intruding on their personal life or private
records.
Invasion of privacy occurs when someone
violates this right.
Section 3.1 Definition of a Tort
Intentional infliction of emotional distress
occurs when one person purposely causes
another person mental anguish.
Section 3.2
Negligence and Liability
Section 3.2 Negligence and Liability
Negligence is a tort that occurs due to
carelessness. It is an accident. The injury
was not intended.
Section 3.2 Negligence and Liability
The four elements of negligence are:
1
The defendant owed the plaintiff a duty of care.
2
The defendant committed a breach of that duty.
3
The breach of duty was the proximate cause of harm.
4
The plaintiff suffered actual harm.
Section 3.2 Negligence and Liability
Proximate cause is the cause that
immediately and directly results in a
specific event.
Section 3.2 Negligence and Liability
If a person can eliminate any one of the four
elements of negligence, the lawsuit will not
be successful.
Section 3.2 Negligence and Liability
There are three other defenses against
negligence:
1
contributory negligence
2
comparative negligence
3
assumption of risk
Section 3.2 Negligence and Liability
Contributory negligence is when the victim
did something that helped cause his or her
own injury.
Section 3.2 Negligence and Liability
Comparative negligence is when the
negligence of the victim is compared to that
of the defendant. A victim who is partially
responsible may collect only partial
damages.
Section 3.2 Negligence and Liability
Assumption of risk occurs when the victim
understood the risk involved in an activity
and took the chance of being injured.
Section 3.2 Negligence and Liability
Strict liability holds that some activities are
so dangerous, no amount of care could
eliminate the risk of injury.
Section 3.2 Negligence and Liability
storing toxic or
flammable
material
Examples
of strict
liability are:
keeping wild
animals as pets
using explosives