Chapter 3.1 Definition of a Tort
tort
a private wrong committed by one person against another
crime
a wrong committed against the public good
intentional torts
actions that deliberately hurt, embarrass, or scare people
nuisance
anything that interferes with the enjoyment of property
most common types of intentional torts against persons
assault and battery, false imprisonment, defamation, invasion of privacy, and intentional infliction of emotional distress
a tort is considered a...
civil or private wrong rather than a criminal wrong
the purpose of tort law is to...
compensate the victim for injuries caused by the tortfeasor
libel
consists of lies about a person in written, printed, or recorded form
disparagement
consists of lies about objects (can be about quality or ownership); must prove that you actually lost money as a result of the lie
slander
consists of verbal or spoken lies that damage a person's reputation
damages
fair amount of money paid by the tortfeasor as an order from the court
invasion of privacy
interfering with a person's right to be left alone
conversion
interfering with a person's right to personal property
trespass
interfering with somebody's real property
2 types of defamation
libel and slander
intention infliction of emotional distress
occurs when someone causes a great emotional or mental distress, that is caused by extreme and outrageous conduct, to another person, even if there is not intent to cause physical harm
damages can be awarded for...
pain and suffering, to pay medical expenses, to replace or repair damaged property, or to pay for lost wages
the purpose of criminal law is to...
protect society from criminal offenders by punishing them
everyone has the duty to...
respect the rights of others
defamation occurs when...
somebody lies about another person in a way that hurts the innocent person's reputation
tort law is based on...
the idea that everyone in ou society had certain rights
actual malice
the person who published the lie knew it was a lie and published it anyway OR that the person who published the lie thought it was true but did a poor job checking out the facts
3 elements to any tort
the possession of certain rights by an innocent party, a violation of those rights by the tortfeasor, and a resulting injury that somehow hurts the person whose rights were violated
battery involves...
the unlawful, unwanted touching of another person or something closely associated with a person's body
a person commits and assault by...
threatening to harm an innocent person; occurs as soon as you are afraid of immediate harm to your body
most common types of intentional torts against property
trespass, conversion, nuisance, disparagement
false imprisonment
when someone interferes with someone's right to move around freely
tortfeasor
a person who commits a tort
public nuisance
a nuisance that affects a lot of people, such as an entire neighborhood
private nuisance
a nuisance that affects only one person or household
