Chapter 4
The Law of Torts
Lesson 4-1 Objectives:
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After finishing this section, you will know:
How to tell the difference between a crime
and a tort
 How to explain the nature of tort law
 How various torts can be committed
 Hot to define various intentional torts
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Tort or Crime
The Difference between Criminal Law
and Tort Law
 Crime- harm individuals and the general
welfare
 Tort- private wrongs committed by one
person against another
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Pg. 80 Example 1
Rights under Tort Law:
right to be free from bodily harm
 right to enjoy a good reputation
 right to conduct business without
unwarranted interference
 right to own property free from damage
or trespass
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Intentional Torts
Intentional Torts
 Intentional Torts- Occurs when a person
knows and desires the consequences of
his/her act
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Intentional Torts
Assault and Battery
 Tort of assault occurs when one person
deliberately leads another person to
believe that he/she is about to be harmed
 Tort of battery involves the unlawful,
unprivileged touching of another person,
even if the physical contact is not harmful
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Intentional Torts

Tortfeasor- person who committed the tort
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Trespass- The wrongful damage to or
interference with the property of another
 Property refers to anything you own including
moveable items and non-moveable items
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Pg. 82 Example 2
Common law gave landowners privilege to the
entire airspace and ground below. Today laws
have been rewritten to limit the property of an
owner.
Intentional Torts

Nuisance- anything that interferes with the
enjoyment of life or property
 Examples include:
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Loud noises at night
Noxious odors
Smoke or fumes coming from a nearby house
A private nuisance affects only one person
Intentional Torts
False imprisonment- false arrest
 Law enforcement officers must have
probable cause or a warrant to arrest
someone
 Determining what is “reasonable” can be
difficult
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Pg. 84 Example 3
Defamation
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Defamation- wrongful act of injuring another’s
reputation by making false statements
Divided into 2 categories:
 Libel- false statement in written or printed form that
injures another’s reputation or reflects negatively on
that person’s character
Examples include:
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Radio and Television Broadcasts
Newspaper Stories
Video and Audio Recordings
Movies
Photographs
Signs
Paintings
Defamation
2nd type:
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Slander- false statement that is made orally to a third
party
People are allowed to speak the truth as long
as it is done without spite or ill will
 People in the public limelight must prove that
false statements about them were made with
actual malice
 Public figures are held to a more difficult
standard because they have voluntarily chosen
a lifestyle that naturally exposes them to close
scrutiny by the press
Invasion of privacy- 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.
 The Federal Privacy Act of 1974 provides safeguards for individuals
against the invasion of privacy by
agencies of the federal government.

Federal Privacy Act of 1974
Rights:
 to know what records are being kept
about you
 to receive copies of any records
 to correct any errors
 agencies must have permission to use
records for purposes other than those for
which they were gathered

Federal Privacy Act 1974
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People who work with records must keep
them private.
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HIPPA, FERPA
Not limited to written records, includes
computers & internet.
 Also includes:
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Photograph
 Likeness
 Name
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Federal Statutes

Fair Credit Reporting Act-credit bureaus must,
on request, inform you about information they
have on file
 Right to Financial Privacy Act-forbids financial
institutions from opening your records, most of
which are kept in computer files, to the
government without appropriate authorization
from you or without an official court order
Assignment
Page 87
 Reviewing What You Learned
 #1-4
 Critical Thinking Activity
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Lesson 4-2 Objectives:

After finishing this section, you will know:
How to define negligence
 How to explain the elements of negligence
 How to define the major defenses to
negligence
 How to define strict liability

Negligence & Strict Liability
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Unintentional Torts- breach of duty in
society through acting in a careless
manor
Negligence- injury that is caused by
carelessness
 Strict Liability- injury caused by an individuals
participation in ultra-hazardous activity
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Negligence Cases…
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The plaintiff must prove all of these
elements:
The defendant owed the plaintiff duty of
care- the defendant failed to act as a
reasonable person would have acted
 Failure to use the degree of care required
under circumstances or breach of duty
 The breach duty by the defendant was the
proximate cause of the injury to the plaintiff
 The plaintiff suffered some actual harm or
injury
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Duty of care- every person has certain
rights in our society and all of us have a
duty not to violate those rights.
 Example 4 – Page 89
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Negligence
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Breach of Duty
You may commit a breach of duty to another
person by not exercising the degree of care that a
reasonable person would exercise in the same
situation.
Proximate Cause
Proximate Cause- legal connect between
unreasonable conduct and resulting harm
An action by the defendant may actually cause the
plaintiffs injury but still not be the proximate cause.
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See Example 5 Page. 90
Actual Harm
Because the essence of any tort suit is a
violation of a duty that results in injury to
plaintiff, a successful case must
establish proof of actual harm
 Without actual harm even the dumbest
mistake or the most careless conduct will
not result in liability for negligence
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See Example 6 Page 90
Defense to Negligence
Argue that they owed no duty to the
plaintiff.
 Their conduct conforms to the
reasonable person’s standard.
 Their conduct was not the proximate
cause of the plaintiff’s injuries.
 The plaintiff suffered no injuries.
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Contributory Negligence
Behavior by the plaintiff that helps cause
his or her injuries may fall under the
doctrine of contributory negligence.
 If the defendant can prove that the
plaintiff’s own negligence helped cause
his or her injuries, the plaintiff loses the
lawsuit.
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Comparative Negligence
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The negligence of each party is compared
under the doctrine of comparative negligence.
 The amount of the plaintiff’s recovery is
reduced by the percent of his or her
negligence.
 Protects plaintiffs from realizing huge losses
for comparatively minor acts of negligence.
 See example 7 page 92.
Comparative Negligence
Assumption of Risk
 If the defendant can show the plaintiff
knew the risk involved and still took the
chance of being injured, he or she may
claim assumption of risk as a defense.
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Page 93 example.
Strict Liability
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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.
Strict Liability
Applies only to ultra hazardous activities
that involve a great risk to people and
property.
 No amount of care will eliminate the risk
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Examples: using explosives, keeping wild
animals, storing highly flammable liquids
Strict Liability
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Also applied in product liability cases
 When people are injured by products, the
manufacturer is liable for injuries regardless of
fault
 Does not apply to occasional sellers- the seller
of the defective product does not usually
engage in the sale of such items
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Example: A corporation auctions off all machinery
when their factory closes. = not liable for injuries
Assignment
Page 93
 Reviewing What You Learned
 #1-4
 Critical Thinking Activity
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