Chapter 7: Tort Law

'res ipsa loquitor'

"the thing speaks for itself," it's a doctrine of law that one is presumed to be negligent if he/she/it had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negligence, and without negligence the accident would not have happened.

What is the most common defense to battery charges?

(1) self-defense (2) defense of others (3) defense of property

What are examples of intentional torts?

- Trespass on property - assault and battery - conversion - false imprisonment

What are common Intentional Torts?

1. Assault 2. Battery 3. Conversion 4. False imprisonment 5. Trespass to land 6. Trespass to chattels (Personal property) 7. Intentional infliction of emotional distress

Intentional Tort

A civil wrong resulting from an intentional act committed on a person, property or economic interest.

Negligent Tort

A civil wrong when a defendant is careless to another detriment. They get compensation usually for accidents and injuries.

Strict-Liability Tort

A civil wrong when a defendant knowingly undertakes a dangerous task that can never be done safely.

Contributory negligence

A defense to negligence for the DEFENDANT. In which a plaintiff can escape liability by proving that the defendant did not protect himself adequately before the harm occurred.

pure comparative negligence

A defense to negligence that benefits the DEFENDANT. As long as the courts establish the percentage of damage the defendant was responsible for then the rest he is not liable for because it was the plaintiff's negligence.

Slander of Quality

A false SPOKEN statement about a business, service, or product that causes the business to lose sales.

Trade Libel

A false WRITTEN statement about a business, service, or product that causes the business to lose sales.

tortfeasor

A person that commits an intentional or through-negligence tort that causes harm to another and the harmed can get civil compensation.

nominal damages

A small amount of money given to the plaintiff by the defendant for when the plaintiff has "suffered no compensable harm."

Intentional Interference w/Contract

A tort in which someone knows another has taken a contract and causes that same person to breach the contract.

Tort

A violation of another person's rights or a civil wrong that doesn't arise out of a contract or statute. There are three types of torts to focus upon: intentional, negligent, strict-liability tort.

What are the 2 elements of Causation?

Actual and Proximate Cause

Is this an example of Battery or Assault? John becomes angry with Mark over the $100 that Mark owes him. They two men get into a violent argument during which John threatens to punch Mark in the face. This threat causes Mark to fear he will be harmed. John is charged with assault, even though he failed to carry out the threat, and so there was no actual bodily harm.

Assault

What is the difference between assault and battery?

Assault - Doesn't require actual contact, but it's a civil wrong when 1 person intentionally harms another or someone they know. Battery -Criminal act of intentionally applying force/touching another in an offensive way.

Is this an example of Battery or Assault? John becomes angry with Mark over the $100 that Mark owes him. The two get into an argument that leads to John punching Mark in the face, breaking his nose. John is arrested and charged with battery, and, in addition to the criminal case, Mark sues John in civil court for medical expenses.

Battery

Lo 7-2: What are some of the most common intentional torts, and what elements are needed to prove these torts?

Common intentional torts are: (1) torts against persons (2) torts against property (3) torts against economic property. Elements to Prove are: 1. * intent to cause contact* 2.*contact occurs* 3.* contact is harmful* 4.*no consent*

Actual Malice

Deals with defamatory statements in which a person either doesn't care if claims are false or they know they are false but continue to publish or say them.

Good Samaritan Statute

Encourages caring and helpful behavior from bystanders who witness someone in danger by protecting those that give aid to others.

Cause of Action

Fact(s) that allow people to bring suits against others.

Slander of Title

False PUBLISHED statements are related to the ownership of business property.

unfair competition

Going against the objective of being in business to make a profit, but instead, go into business to drive someone else out. It is an economic tort.

Conversion

Happens when an owner cannot regain the permanently stolen property. As a result, the owner gets compensated for the value and any damages resulting from the act.

Defamation

Is a false statement is publicized to harm the reputation of a person or business. People and commentators using the statement are guilty of defamation.

Libel

Is defamation published in written works (magazines & newspapers) or vocalized works (TV and commercials, radios)

Conditional Privilege

It grants legal immunity to SOME people, so that they won't be liable for any defamatory statement done without actual malice.

Absolute Privilege

It grants legal immunity to anyone who makes knowingly true or false claims about anyone, and by law, they can't be sued by the person they defame.

Private Nuisance

It happens when someone else affects a person or people enjoyment of their private property. An example: A party in less than a block away distracts a family, in a nearby house, from watching Season 1 of Breaking Bad.

Assumption of the Risk

It helps the DEFENDANT. You must be able to prove that the plaintiff implicitly or expressly assumed the risk of harm suffered.

last-clear-chance doctrine

It is a defense to negligence for the PLAINTIFF. Once contributory negligence has been established, the plaintiff can still receive rewards for the damages incurred as long "the defendant has the last opportunity to avoid the accident," is proved.

Compensatory damages

It is how much the plaintiff gets for damages caused to his body or property by the defendants' actions. Examples are lost wages, medical expenses, disability...

Punitive Damages

It protects possible future victims of the plaintiff's apparent carelessness, and the courts impose a punishment on the plaintiff.

modified comparative negligence

It protects the DEFENDANT. In some states, the defendant must be more than 50% at fault before the plaintiff is compensated.

Trespass to Realty

It's a tort that happens when someone goes onto another's property or places something there without permission.

Food Disparagement

It's a tort that protects farmers and ranchers, by giving a cause of action when companies or private groups make false, damaging statements about food products (onions, tomatoes, cilantro,...).

Public Figure Privilege

It's another special privilege that anyone can say basically anything about people in power (i.e. celebrities and politicians) and not be sued, so long as there was no actual malice.

Trespass to Personal Property

It's when anyone comes onto a property temporarily, and limits or harms the homeowners' enjoyment of their property. Trespassers are liable for damages done ar that time.

Strict Liability

Liability w/out fault. Happens under three conditions: 1. The risk taken involves others being harmed 2. It is implicitly dangerous that you cannot undertake it without being harmed 3. Not performed in the immediate community

Disparagement

Like defamation, but it relates to intentionally defaming a business, service, or product.

Proximate (Legal) Cause

Sometimes determined by how foreseeable an injury is, *legal cause* is how liable a defendant is for his actions.

Gross negligence

The MOST EXTREME disregard for injuries that could happen in the future due to negligent behavior.

Negligence 'per se'

The courts look to the defendant's "standard of care" when harmed. The judges and jury find out if the plaintiff set certain statutes and regulations prior to incident, so that defendant might not have been hurt. In other words, it helps the plaintiff side by seeing if defendant was negligent.

Reasonable Person Standard

Think of Dexter. It is a way of measuring how ordinary people would think and behave in any given situation.

fraudulent misrepresentation

When a party knows that they are deceiving to get a personal gain. There must be a direct link between injuries suffered and evidence of misrepresentation.

What's an example of 'res ipsa loquitor'?

When a tire is next to the road, one day the tire rack breaks and the tires go rolling out onto the street into traffic. As a result an accident happens. The tire shop is liable for the injuries and car repairs of those people.

Negligence

When someone behaves in a manner that causes harm to another. *4 Elements to prove Negligence are:* 1. Duty 2. Breach of Duty 3. Causation 4. Damages

Actual Cause

When the court determines that the defendant's breach of duty resulted in the plaintiff getting hurt.

Lo 7-1: How are torts classified?

intentional, negligent and strict liability