Tort Law, Ch 4

Crime

Wrong against society, prosecuted by government, criminal penalties.

Tort

Wrong against an individual, brought by injured party, civil damages.

What is the purpose of Tort Law?

Compensate injured parties, protect individuals and property, discourage wrongful behavior, shift losses to responsible parties.

What are the two different types of damages within Tort Law?

Compensatory and punitive

Punitive damages

Designed to punish especially wrongful conduct and deter similar future behavior

Compensatory damages

Designed to reimburse the injured party for losses suffered.

Intentional Torts against persons

When a person intentionally performs an act that interferes with another person’s rights. The tortfeasor intends the act or knows with substantial certainty that consequences will occur.

What are the different types of intentional torts against persons?

Assault, battery, false imprisonment, intentional infliction of emotional distress (IIED), defamation, invasion of privacy, fraud, and wrongful interference with contractual relationships.

Assault

An intentional and unexcused threat of immediate harmful or offensive contact. Actual touching NOT required. (ex: Raising a fist and threatening to hit someone)

Battery

Occurs when harmful or offensive physical contact actually takes place. Battery is the completed assault. (ex: Punching another person)

False Imprisonment

Intentional confinement or restraint of another person’s activities without justification. (ex: Locking someone in a room against their will)

Intentional Infliction of Emotional Distress (IIED)

Extreme and outrageous conduct that causes severe emotional distress. Includes: extreme conduct, intent or recklessness, severe emotional distress, and casual connection.

Defamation

False statements communicated to others that harm a person’s reputation.

What are types of defamation?

Libel, slander, and slander per se.

Libel

Written defamation. Plaintiffs in these cases typically recover general damages for humiliation

Slander

Spoken defamation. Plaintiffs must prove actual economic loss.

Slander per se

Certain statements are considered so harmful that damages are presumed. (ex: Disease, Mental defect)

Invasion of privacy

The supreme court recognizes a fundamental right to privacy

What are the types of privacy invasion?

Intrusion into private affairs, false light, public disclosure

Fraudulent Misrepresentation (fraud)

Intentional deceit for personal gain through false statements known to be false.

What are the elements that make up fraud?

Misrepresentation of material facts, intent to induce reliance, justifiable reliance, damages, and casual connection between misrepresentation and injury.

Wrongful interference with contractual relationships

Occurs when someone intentionally interferes with an existing contract, causing breach.

Intentional Torts against property

These interfere with a person’s rights in land or personal property. Types include: trespass to land, property, conversion, and disparagement of property.

Trespass to land

Unauthorized entry onto another person’s property

Trespass to personal property

Interference with possession or use of personal property.

Conversion

Taking or exercising control over another’s property so seriously that payment of its value may be required. Received permission, but never returned the property.

Disparagement of Property

False statements made about another’s property that diminish its value.

Negligence

The failure to exercise the duty of care that a reasonable person would exercise under similar circumstances.

What are the elements that make up negligence?

Defendant owed duty of care, breached that duty, conduct caused injury, and actual injury occured.

What are the defenses for negligence?

Assumption of risk, comparative negligence, contributory negligence

Strict liability

Liability without fault. No need to prove intent or negligence. Commonly applied to abnormally dangerous activities and wild animals.

Product liability

Manufacturers, distributors, and sellers may be liable for defective products. Types are manufacturing defect, design defect and failure to warn.

Manufacturing defect

Product differs from intended design

Design defect

Design itself is unreasonably dangerous

Failure to warn

Insufficient instructions or warnings