Chap The Law of Torts

The Law of Torts
Chapter
What You’ll Learn
 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
 Crime
 Trespass
 Tort
 False imprisonment
 Intentional tort
 Defamation
 Tortfeasor
 Invasion of privacy
 nuisance
Criminal Law vs. Tort Law
 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:
 One person’s interference with another
person’s rights
 It will lead the wronged party to seek
compensation for the loss.
TYPES OF TORTS
1. Intentional torts
 Intentional tort occurs when a person
knows and desires the consequences of his
or her act.
 The harm may result from intentional
action.
 Different types of intentional torts are
based on different circumstances and face
different remedies
Types of intentional torts
 Assault - threatening to strike or harm
with a weapon or physical movement,
resulting in fear.
 The assault occurs because the victim fears
immediate bodily harm.
 Battery – unlawful, unprivileged touching
of another person.
 It occurs with unwanted touching even if
the physical contact is not harmful.
 Defamation occurs when an individual
intentionally creates and promotes malicious
falsehoods about another. Defamation can
occur in two ways: slander and libel.
 Slander is, in effect, when falsehoods are
spoken.
 Libel occurs when falsehoods are expressed
in written or other recorded forums.
 Trespass is the wrongful damage to or
interference with the property of another.
 Property refers to anything you own
 Movable – (cars, VCRs, purses, wallets)
 Non-movable – (real property)
 The tort of trespass refers mostly
commonly to real property.
 Nuisance:
 The tort of nuisance is anything that
interferes with the enjoyment of life and
property
 Loud noises at night
 Noxious odors
 Smoke or fumes coming from nearby houses
 False Imprisonment
 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.
 Invasion of privacy is interfering with a
person’s right to be left alone
 Includes right to be free from unwanted
publicity and interfering with private
matters
 The Federal Privacy Act of 1974
safeguards against the invasion of privacy
by agencies of the federal government
Unintentional Torts
 Unintentional torts occur when the person
does not have this mental determination.
 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 and 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
 Breach of Duty
 Proximate cause
 Actual harm
Elements of Negligence
 The defendant owed the party 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
Defenses to Negligence
1. Argue they owe no duty to plaintiff
2. Conduct conformed to the reasonable
person standard
3. Conduct was not the proximate cause of
the plaintiff’s injury
4. The plaintiff suffered no injury.
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 the plaintiff’s
negligence helped cause the injuries, the
plaintiff loses the lawsuit.
Comparative Negligence
 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
 If these activities injure someone or
damage property, the people engaged in
the activities will be held liable
 Examples of ultra hazardous activities
 Using explosives
 Keeping wild animals
 Storing highly flammable liquids
 Strict liability has also been applied to
product liability

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Chap The Law of Torts

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The Law of Torts

 Injury caused by a person’s mere

 Injury caused by an individual’s participation

Negligence is failure to exercise the degree

If the defendant can show the plaintiff knew

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