The Law of Torts
Chapter 4
The Corner Cafe
Characters:
Jamila ………………….Ms. Walton
Thai …………………….Jacoy
Daniel ………………….
Peggy ………………….Kerisha
Intentional Torts
Section 4.1
What You’ll Learn
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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
How to define various intentional torts
Legal Terms
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Crime
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Trespass
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False imprisonment
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Defamation
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Invasion of privacy
Tort
Intentional tort
Tortfeasor
nuisance
Criminal Law vs. Tort Law
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A crime is an offense against the public at
large and is punishable by the
government.
A tort is a private wrong committed by
one person against another. It involves:
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One person’s interference with another
person’s rights
It will lead the wronged party to seek
compensation for the loss.
Intentional torts
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Intentional tort occurs when a person
knows and desires the consequences of
his or her act.
Unintentional torts occur when the person
does not have this mental determination
Assault and Battery
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Assault - threatening to strike or harm
with a weapon or physical movement,
resulting in fear
Battery – unlawful, unprivileged touching
of another person.
Tortfeasor – person who commits the tort.
Trespass
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Trespass is the wrongful damage to or
interference with the property of another.
Property refers to anything you own
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Movable – (cars, VCRs, purses, wallets)
Non-movable – (real property)
The tort of trespass refers mostly
commonly to real property.
Nuisance
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The tort of nuisance is anything that
interferes with the enjoyment of life and
property
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Loud noises at night
Noxious odors
Smoke or fumes coming from nearby houses
False Imprisonment
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Law enforcement officers must have
probable cause or a warrant to arrest
someone.
Store personnel must have reasonable
grounds to suspect that shoplifting has
occurred and they must detain the suspect
in a reasonable manner for only a
reasonable amount of time.
Defamation
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The wrongful act of injuring someone
reputation is called defamation
Categories of defamation
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Libel
Slander
You can sue if the permanent statement
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Damages your reputation
Is false
Is communicated to at least one other person
Invasion of Privacy
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Invasion of property is interfering with a
person’s right to be left alone
Includes right to be free from unwanted
publicity and interfering wit private
matters
The Federal Privacy Act of 1974
safeguards against the invasion of privacy
by agencies of the federal government
Section 4.1 Assessment
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Reviewing What You Learned
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Critical Thinking Activity
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Legal Skills in Action
Negligence and Strict
Liability
Section 4.2
What You’ll Learn
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How to define negligence
How to explain the elements of negligence
How to define the major defenses of
negligence
How to define strict liability
Legal Terms
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Negligence
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Strict liability
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Breach of duty
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Proximate cause
Contributory
negligence
Comparative
negligence
Assumption of risk
Unintentional Torts
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Injury caused by a person’s mere
carelessness is known as negligence.
Injury caused by an individual’s
participation in ultra hazardous activity is
known as strict liability.
Negligence
Negligence is failure to exercise the degree
of care that a reasonable person would
have exercised in the same circumstances
Elements of Negligence
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The defendant owed the plaintiff a duty of care
This failure to use the degree of care required
under the circumstances is called a breach of
duty
The breach of duty by the defendant was the
proximate cause of the injury to the plaintiff
The plaintiff suffered some actual harm or injury
Duty of Care
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Breach of Duty
Proximate cause
Actual harm
Defenses to Negligence
1.
2.
3.
4.
Argue they owe no duty to plaintiff
Conduct conformed to the reasonable
person standard
Conduct was not the proximate cause of
the plaintiff’s injury
The plaintiff suffered no injury.
Contributory Negligence
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Behavior by the plaintiff that helps cause
his or her injuries may fall under the
doctrine of contributory negligence.
If the defendant can prove the plaintiff’s
negligence helped cause the injuries, the
plaintiff loses the lawsuit.
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 percentage of his or her
negligence.
Comparative negligence protects plaintiffs
from realizing huge losses for
comparatively minor acts of negligence
Assumption of Risk
If the defendant can show the plaintiff knew
of the risk involved and still took the
chance of being injured, he or she can
claim assumption of risk.
Strict Liability
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If these activities injure someone or
damage property, the people engaged in
the activities will be held liable
Examples of ultra hazardous activities
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Using explosives
Keeping wild animals
Storing highly flammable liquids
Strict liability has also been applied to
product liability
Section 4.2 Assessment
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Reviewing what you learned
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Critical thinking activity
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Legal skills in Action
Chapter Summary
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Section 4.1 Intentional Torts
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Section 4.2 Negligence and Strict Liability
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Page 94
Page 94
The Law Review
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Answer #6 - 14