Law of Torts

what is a tort

a person’s interference with another’s rights, and a wrong against an individual

what rights is the law of torts grounded in?

• the right to be free from bodily harm

• the right to enjoy a good reputation

• the right to conduct business without unwarranted interference

• the right to have one’s property free from damage or trespass

who are the two people involved in tort lawsuits

the tortfeasor and the plaintiff

Assault

threatening to strike or harm, resulting in fear

battery

unlawful touching of another person

trespass

wrongful injury or interference with the property of another

nuisance

anything that interferes with the enjoyment of life or property

deceit

false statements made with intent to injure another

false imprisonment

unlawful restraint of a person

defamation

wrongful act of injuring another’s reputation by making false statements.

infliction of emotional distress

intentionally or recklessly causing emotional or mental suffering to others

intentional torts

assault, battery, defamation, deceit, infliction of emotional distress, trespassing, nuisance, false imprisonment

negligence

accidental/unintentional tort, failure to exercise the degree of care that a reasonable person would have exercised.

duty of care

a legal obligation imposed on someone (police: responsibility to see that persons in their custody are safe, given necessary medical care, and treated humanely)

breach of duty (failure to protect)

when police place someone in jeopardy, such as giving out the names of victims

proximate cause

a factor that causes an event, like an injury due to negligence or an intentional wrongful act. (high speed chase)

Actual Harm

plaintiff must prove they suffered actual harm

defenses to negligence

contributory negligence: negligence on part of the plaintiff that assisted in causing her injuries.

comparative negligence: the negligence of each part is compared, and the amount of the plaintiff’s recovery is reduced by the part of their negligence.

assumption of risk: when the plaintiff knew there was danger but still took the risk.

strict liability

activities that require the person engaged to be held liable, regardless of how careful they were and intent.

wrongful death

person close to deceased can file. brought against a defendant who caused death through negligence or intent.

remedies to torts

awarding of damages, injunction (court order issued by a judge ordering someone to do/not do something), specific restitution of property

similarities between tort law and criminal law

Goal of controlling behavior, Imposing sanctions (punishment)

differences

criminal: public offense, punishment is prison or death, enforcement belongs to state, fines go to state, “beyond a reasonable doubt”

tort: private, punishment is monetary damages, individual brings action, individual receives damages, “preponderance of the evidence”