Chapter 6,7,10

tort 

a civil wrong from a breach of a legal duty causing another person harm or injury

main goal of a tort law

make the wronged person whole
This means:

• The injured person (the plaintiff) should be compensated for their losses

• It aims to restore the person, as much as possible, to the position they were in before the harm occurred.

intentional tort

The person meant to cause harm by their actions, which can occur against persons and property

example: pushing someone on purpose, they fall and get hurt

unintentional tort

person did not mean to cause harm, but they were careless in doing so

example: texting and driving and hitting someone by accident

Compensatory damages in tort actions

awarded to reimburse the plaintiff for actual losses

special damages in compensatory

awarded for quantifiable losses, ex include medical expenses,lost wages,benefits

general damages for compensatory

awarded for non monetary aspects including pain,suffering harm to reputation

punitive damages for compensatory

awarded to punish the wrongdoer and deter similar conduct in the future

• many states have banned punitive damages

what are the 6 intentional torts against persons

assault

battery

false imprisonment 

infliction of emotional distress

defamation

fraudulent misrepresentation

assault

any intentional and unexcused threat of immediate harmful or offense contact, 

whether words or acts, that create a reasonably believable threat.

• No physical contact is necessary for an assault to occur.

battery

the completion of the assault

it is unexcused and harmful or offensive physical contact intentionally performed. The contact can be made by the defendant or by some force set in motion by the defendant. (firing a gun)

the threat actual happens

false imprisonment

someone is intentionally kept in a place against their will and has no reasonable way out.

no justification

confinement can consist of physical barriers, physical restraint or threats of physical force

infliction of emotional distress

when someone intentionally does something so extreme and offensive that it causes another person serious emotional harm

Example: Threatening someone in a way that causes lasting trauma.

defamation

Wrongfully hurting a person’s good reputation by making false statements of fact about others.

• Actual malice or reckless regard --> for public figures

elements and defenses that must be proven for defamation

• The defendant made a false statement of fact- opinions are allowed

• The statement was understood as being about the plaintiff and tended to harm the plaintiff’s reputation

• The statement was published to at least one person other than the plaintiff, a third party

• If the plaintiff is a public figure, they must also prove actual malice- this means the deferndent knew it was false or didn’t care if it was true or false (reckless)

slander for defamation

orally breaching this duty

example: At a party, Alex tells a group of people,

“Jamie stole $500 from work,”

libel for defamation

breaching it in print or media

example: A blogger publishes an article that says,

“Jordan was fired for stealing from the company,”

even though Jordan never stole anything and was never fired.

damages for libel 

• When someone is harmed by libel, the law automatically assumes the person was injured — this is called presumed damages.

• The injured person doesn’t need to prove actual harm like lost money or job.

• Damages can include things like:

  • Shame or disgrace

  • Humiliation

  • Damage to reputation

  • Emotional distress

damages for slander

the injured person usually has to prove special damages, meaning actual financial loss-

slander per se= an exception and no proof of damages is necessary when the statement involves a loathsome communicable disease, business improprieties, serious crime, or serious sexual misconduct.

types of defenses to defamation

truth is an absolute defense

or absence of malice: defamatory statements made about public figures are privileged - meaning they can’t be held liable for defamation, even if it turns out to be wrong.

fraudulent misrepresentation

Fraud happens when someone intentionally lies or tricks another person to get something of value (usually money, property, or power).

to prove fraud what 5 things must be shown

misrepresentation of material fact

• The person lies about an important fact (not just an opinion)

Intent to Induce Reliance

• The liar wants the other person to believe the lie and act on it.

Justifiable Reliance by the Innocent Party

• The victim believes the lie and reasonably relies on it.

Damages Suffered

• The victim loses something because of the lie.

Causal Connection

• The loss must be directly caused by the lie.

intentional torts against property

1. trespass to land

2. trespass to personal property

trespass to land; when does it happen

someone physically enters the property- without permission

causes something to enter the property- like a thrown object

stays on property after being asked to leave

• you don’t have to damage anything to be trespassing

trespasser and liability rules

generally liable for any damages caused to the property and cant hold the owner liable for injuries sustained on the premises

exceptions to trespassers and liability rules

if there are hidden dangers- Property owners must warn about dangers that aren’t obvious (e.g., guard dogs, hidden holes).

Attractive nuisance doctrine: If something on the property attracts children (like a pool or swing set), the owner must take steps to protect them, even if the children are trespassing.

defenses to trespass

• The trespass is necessary to assist someone who is in danger

• The trespasser is a licensee

trespass to personal property

This happens when someone intentionally interferes with another person’s use or enjoyment of their belongings without permission.

Example:

• Borrowing someone’s laptop without asking and keeping it all day.

• Letting the air out of someone’s car tires.

• Scratching someone’s phone on purpose.

✅ Key idea: Temporary interference.

conversion

it’s when someone intentionally takes or keeps another person’s property in a way that permanently deprives them of it.

👉 Examples:

• Stealing someone’s bike and never giving it back.

• Selling someone else’s watch without permission.

failure to return goods

Even if the owner agreed to let someone borrow the property, not returning it can still count as conversion.

👉 Example:

• Letting a friend borrow your textbook for a week and they refuse to give it back.

• A rental company not returning a customer’s deposit or item.

in addition to ordinary negligence a defendant can be found to be negligent under

negligence per se

res ipsa loquitur

negligence per se

• This happens when a person breaks a law or safety rule, and that violation causes harm to someone the law was meant to protect.

• If the rule is broken and someone gets hurt, the defendant is automatically considered negligent

res ipsa loquitur

• this is used when the accident clearly wouldn’t have happened unless someone was negligent.

• The exact proof of who was careless isn’t needed — the situation itself proves negligence.

• - the burden of proof shifts to the defendant

what are the 4 defenses to negligence

assumption of risk

superseding cause

contributory negligence

comparative negligence

assumption of risk negligence

if the injured person knew the risk and chose to do the activity anyway, they usually can’t sue for their injury.

• Risk can be assumed:

  • By agreement (signing a waiver), or

  • Implied by the person’s actions.

superseding cause

If something unforeseen happens after the defendant’s act, breaking the chain of events, the defendant is not responsible.

👉 Example:
A driver hits a pole, and minutes later a tornado strikes and injures a pedestrian.
The tornado is a superseding cause, so the driver isn’t liable for those injuries.

contributory negligence

If the plaintiff (injured person) is even slightly at fault for their injury, they can’t recover anything.

• Only a few states still use this rule: Alabama, D.C., Maryland, Virginia, and North Carolina.

👉 Example:
If a pedestrian is hit while jaywalking, even if the driver was mostly at fault, the pedestrian may get no compensation.

comparative negligence

The court divides the blame between both sides and reduces damages based on the plaintiff’s share of fault.

pure comparative negligence

The plaintiff can still recover damages even if they were mostly at fault.
👉 Example: If the plaintiff is 80% at fault, they can still get 20% of the damages.

50 percent rule

The plaintiff can only recover if they are less than 50% at fault.
👉 Example: If the plaintiff is 49% at fault, they can recover 51%. But at 50% or more, they get nothing.

What is Negligence

happens when someone fails to act with reasonable care, causing harm to another person

intent is not required- it’s about creating a risk of harm by not being careful

What does the plaintiff have to prove to be negligent

Duty of care- Defendant owed plaintiff a duty of care

Breach of Duty- The defendant failed to meet that duty of care

Causation- The defendant’s action (or lack of action) must have caused the injury

Damages-The plaintiff must have suffered a legal injury — physical, emotional, or financial

Reasonable Person Standard

The law uses a “reasonable person” as a standard to decide whether someone was negligent.

• It’s not about how the person actually acted.

• It’s about how a careful, sensible person should have acted in that same situation.

Degree of care

• The law expects people in different roles to act with the level of care appropriate to their situation.

• For example:

  • A doctor is expected to act like a careful, skilled doctor would.

  • A driver is expected to act like a careful, responsible driver.

duty of landowners

Landowners have a legal duty to keep their property safe for people who come onto it.

• they must exercise reasonable care to protect persons on their property from harm

duty of landowners- business owners

business owners must warn visitors about potential hazards (like wet floors, broken steps, or icy sidewalks).

• If a danger is obvious, they don’t have to warn — but they still need to act reasonably to keep the area safe.

causation in negligence

Even if someone owed a duty of care and broke it, they can only be held responsible if their actions caused the injury.

causation in fact

Did the injury occur because of the defendant’s act, or would the injury have occurred anyway?

• detemined by “but for” test- “But for” defendant’s actions, plaintiff would not have been injured”

Proximate cause

• This is about how closely related the action and the injury are.

• A person is only responsible if the injury was a foreseeable result of their actions — something a reasonable person could expect.

• If the injury is too unpredictable or far removed, the defendant may not be liable.

to win a tort case with injury and damages

The plaintiff must prove that they actually suffered a legal injury — not just that the defendant acted carelessly.

• Without actual harm, there’s no case, even if someone was careless.

compensatory damages

Money meant to compensate/reimburse the plaintiff for real losses

punitive damages

• Extra money meant to punish the wrongdoer for especially bad conduct and deter others from doing the same thing.

• Example: Drunk driving accident caused by extreme recklessness.

duty to rescue

• In most states, there is no legal duty to rescue a person in danger if you’re just a bystander.

• Exceptions: Some states (Vermont, Rhode Island, Minnesota) do require bystanders to help or call for help.

good samaritan statutes

• These laws protect people who voluntarily help someone in danger from being sued for ordinary negligence.

• But if they act with gross negligence (extreme carelessness), they can still be held liable.

👉 Example: If someone gives CPR in good faith and doesn’t make the situation worse through extreme carelessness, they’re protected.

dram shop acts

• These laws can make bartenders, bar owners, or party hosts responsible if they serve alcohol to someone who becomes intoxicated and then injures themselves or others.

👉 Example: A bar serves someone who’s clearly drunk, they drive and hit someone — the bar may also be liable.

Strict Liability

Strict liability means someone can be held legally responsible for harm even if they weren’t careless or negligent.
👉 It applies to especially dangerous activities, certain animals, and product liability cases.

abnormally dangerous activities

activities that involve serious or dangerous harm and a high degree of risk that cannot be made safe

• If harm happens, the person doing the activity is automatically liable, even if they were very careful.

👉 Examples:

• Blasting with dynamite

• Storing dangerous chemicals

• Using explosives

animals in strict liability

For wild animals: owners are strictly liable if their animal hurts someone.
👉 Example: If someone keeps a tiger and it attacks a visitor, the owner is liable no matter how careful they were.

For domestic animals: Owners are liable if they knew or should have known the animal was dangerous.
👉 Example: If a dog has bitten before and bites again, the owner is responsible.

product liability

The manufacturer may be strictly liable for injuries caused by its products.

• Manufacturers can spread the cost of injury through pricing,

• And since they profit from selling products, they should also bear responsibility for harm caused by defective ones.

👉 Example:
If a blender explodes because of a design defect, the injured person can sue the manufacturer without proving negligence.

There are different legal grounds for product liability, including

negligence

misrepresentation

negligence in product liability

manufacture fails to exercise reasonable standard of care in the design,materials, production process,assembling,testing,warnings etc.

• This includes:

  • Poor design (e.g., unsafe shape or structure)

  • Defective materials

  • Mistakes in the production process

  • Failing to test products properly

  • Not providing adequate warnings or instructions

  • Not inspecting products carefully.

  👉 Example:
  If a company sells a space heater that catches fire due to a design flaw, they can be sued for negligence.

Fraudulent Misrepresentation Product liability

• Occurs when a fraud is committed against a consumer or user of the product. Fraud must have been made knowingly or with reckless disregard for safety. Plaintiff does not have to show the product was defective.

• Elements: seller intended to deceive the buyer, the buyer suffered injury, and the seller disregarded the truth 

main difference between negligence and misrepresentation in product liability

• Negligence = careless action (or inaction) leading to a dangerous product.

• Misrepresentation = lying or misleading about the product’s safety.

• Negligence requires proving the product was unsafe.

• Misrepresentation requires proving reliance on a false statement.

Strict product liability

Holds manufacturers, sellers and lessors liable for results of their acts, regardless of their intentions or exercise of reasonable care.

requirements for strict liability

product must be in defective condition when sold

defendant is in the business of selling the product

product must be unreasonably dangerous- The product must be dangerous beyond what an ordinary consumer would expect.

plaintiff must be physically harmed

Defect Must Be the Proximate Cause

Goods were not substantially changed from when purchased

unreasonably dangerous product liability

A product is considered “unreasonably dangerous” when it is more dangerous than what an ordinary consumer would expect.

Even if the company followed normal procedures, if there was a safer and reasonable alternative, and they didn’t use it, they can be held liable.

3 categories of unreasonably dangerous falls into

manufacturing defects

design defects

inadequate warnings

manufacturing defects

• The product doesn’t match its intended design.

• Something went wrong during production — like a bad batch or a part assembled incorrectly.

• Only some units are affected.

design defects

• The product was designed in a way that’s dangerous, even if it’s made perfectly.

• The danger affects all products of that type.

• There was a safer, reasonable alternative, but the company didn’t use it.

👉 Example:
A ladder designed with narrow steps that make it easy to slip — even if built correctly, the design itself is unsafe.

inadequate warnings

• The product is dangerous because it doesn’t have proper warnings or instructions.

• Manufacturers must warn users about non-obvious dangers and foreseeable misuses.

👉 Example:
A strong cleaning chemical is sold without warning users to wear gloves.
→ If someone gets burned, the company may be liable.

foreseeable misuses

warnings are required if the misuse is foreseeable

obvious risk

no duty to warn about obvious or commonly known risks

who can recover in strict liability

•Virtually all courts extend strict liability to injured purchasers, users and bystanders.

who can be liable in strict liability

Strict liability applies to manufacturers, sellers, lessors and suppliers of component parts

defenses to product liability

assumption of risk

product misuse

comparative negligence (fault)

commonly known dangers

knowledgeable user

statue’s of limitation

preemption

defenses of product liability assumption of risk

• The plaintiff knew about the danger of the product

• The plaintiff voluntarily used it anyway

• Even if it was dangerous, they chose to take the risk

defenses to product liability product misuse

• The plaintiff was using the product in a way it was not intended to be used

• And this misuse was not something the manufacturer could reasonably predict

defenses to product liability comparative negligence (fault)

• The plaintiff’s own actions contributed to their injury.

• The manufacturer may still be partly liable, but their responsibility is reduced.

👉 Example:
A person drives too fast in a car with a defective airbag.
The injury is partly because of the airbag defect, but also because of their reckless driving.

defenses to product liability commonly known dangers

If a danger is well known to the general public, the manufacturer does not have to warn users about it.

defenses to product liability knowledgeable users

If a specific group of users is expected to already know the danger, no warning is required.

defenses to products statutes of limitation

• Product liability claims must be filed within a certain time frame, usually 2 to 4 years.

• The time starts when the injury is discovered or should have been discovered

defenses to product liability preemption

If a product has already passed comprehensive federal safety review (like by Food and Drug Administration or U.S. Consumer Product Safety Commission), the company may use this as a defense.

The U.S. Supreme Court has limited how far this defense goes. For example, drug manufacturers may not always be fully protected by preemption.

crime

wrong against society, defined in a statue, and punishable by fines, imprisonment or in cases death

crimes are prosecuted by who

by public official and not by the victims

burden of proof

“Beyond a reasonable doubt.”

• It means the government must prove the defendant is guilty so strongly that a reasonable person would have no real doubt.

• This standard is high because the consequences (like jail or prison) are very serious.

different classifications of crimes

felony

misdemeanor

petty offense

Felony

-most serious type of crime

• Punishable by more than one year in prison — or in extreme cases, the death penalty.

• Felony convictions can also affect your future, like preventing you from getting certain licenses or jobs

misdemeanor

•A less serious crime punishable by a fine or imprisonment for up to one year.

Examples:

• Minor theft

• Simple assault

• Trespassing

• Public intoxication

petty offense

• Least serious type of crime.

• A subset of misdemeanors.

• Usually results in a fine or warning, not jail.

what must a person do to be convicted of a crime

there must be both a criminal act (actus reus) and a criminal state of mind (mens rea).

how can a person be convicted of attempting a crime

only if substantial steps were taken towards the criminal objective.

(e.g. attempted murder)

exceptions to criminal act (mens rea)

extreme recklessness- does an act inherently dangerous to human life

criminal negligence- Defendant takes a unjustified, substantial and foreseeable risk that results in harm

strict liability crimes- : Do not require a wrongful mental state

what are the five categories criminal acts

violent crimes,property crimes, public order crimes, white-collar crimes, organized crimes

violent crimes

are acts against persons that cause them to suffer harm or death.

Murder, assault, battery, rape, and robbery are violent crimes.

robbery

Using force or threat of force to unlawfully take personal property of any value from another

aggravated robbery

robbery with the use of a deadly weapon

property crimes

The goal of the offender in these crimes is economic gain or property damage

3 types of property crimes

burglary

larceny

forgery

burglary

• Unlawful entry into a building with intent to commit a felony

  • Aggravated burglary: occurs when a deadly weapon is used or when the building entered is a dwelling 

Larceny

• Wrongfully taking and carrying away another person’s personal property with the intent to permanently deprive the owner of the property (Think of shop lifting: No confrontation)

  • Grand larceny: Felony, over 1k

  • Petty larceny: Less than 1k