What is a tort? --offense against an individual

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LHS
Business Law
Lesson 6-1 Offenses Against Individuals
Transparency
What is a tort?
--offense against an individual
--private or civil wrong
Criminal trial
--proof beyond a reasonable doubt
Civil trial
--preponderance of the evidence
Read Hot Debate on p. 78
--discuss
Goals
Following Lesson 6-1, students should be able to:
--distinguish a crime from a tort
--discuss the elements of a tort
--explain when a person is responsible for another’s tort
Read the first What’s Your Verdict on the top of p. 79
--discuss
Read the second What’s Your Verdict on the bottom of p. 79
--discuss
Elements of a tort
1) duty
--to do or not to do something
2) breach of the duty
3) injury
4) causation
--proof that the breach caused the injury
Duty not to:
1. injure another’s
--body, reputation (slander), privacy
2. interfere with another’s property rights
--ex. trespassing
3. interfere with another’s contractual rights
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LHS
Business Law
Lesson 6-1 Offenses Against Individuals
Transparency
In order for a party to collect damages
--a violation of the duty must be proved
Three types of torts
1. intentional torts
--on purpose
2. negligent torts
--careless
3. strict liability
--neither intent nor careless
--duty was violated and caused injury
causation
--breach of duty caused injury
proximate cause
--causation is recognized by the law
Read What’s Your Verdict on p. 80
--discuss
In general, all persons are liable for their own torts
--including minors and insane persons
vicarious liability
--one person is liable for the torts of another
Generally, parents are not liable for the torts of their children
Exceptions:
--property damage
--operate motor vehicles
--parents give them dangerous weapons
--dangerous habits (throwing rocks at cars)
Assign:
Think About Legal Concepts on p. 81 (1-9)
Think Critically About Evidence on p. 81 (10-14)
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