Tort law

Tort

A civil wrong

civil tort case

civil case where someone’s behavior and unjustly caused someone else to suffer loss or harm

• not necessarily illegal action taking

• there can be criminal overlap, proceed as 2 separate cases

elements needed in a tort suit

• duty

• breach

• causation

• damage

standard of proof in tort cases

preponderance of the evidence (51%)

duty

the legal obligation to act with reasonable care

Breach

failing to behave in a way that a reasonable person would under similar circumstances

Breach of explicit duty

breaching a duty that you specifically had

• Ex. babysitting kids and NOT watching them

causation

the defndent must actually cause the damages

• need causation in fact

• need foreseeable harm

causation in facts (“but for” test)

if the defendent’s breach ultimately led to the injury, the defendant is liable

foreseeable harm/Proximate cause

aspect of causation, to be liable the harm must have been foreseeable and proximal to the breach

damages

plaintiff must show actual damage, must be quantifiable and need proof

types of torts (least to most intentional)

• strict liability

• negligence

• recklessness

• intetional

strict liability

explosives and big cats, ultrahazardous activities, plantiff does not have to prove breach of duty for this

negligence

legal duty of care to not create an unreasonable risk to others; you have alegal duty to not fuck shit up and hurt others

• There must be acutal injury to the plaintiff

• only monetary damages

recklessness (AKA Gross negligence)

somewhere between recklessness and negligence, important for insurance stuff

• ex. house with trapdoors

intentional torts

tort where you purposely breached your duty of care

assault and battery

• assult is an action that causes fear of an imminent battery

• battery is offensive touching or another person

• forms of intentional torts

false imprisonment

intentional confinement or restraint of another person’s activity without justification

• SOMETIMES OK

  • ex. stores and hospital lifters, must be appropriate

• type of intentional tort

intentional infliction of emotional distress

extreme and outrageous conduct that causes serious and emotional harm, must invoke all common standards of decency

• You have to be able to go “that’s ourageorus!”

• type of intentional tort

more intentional torts!

• tresspassing

• abuse of process

• invasion of privacy

• appropriation of an image or likeness

• defamation

fraud

providing false or misleading information with the intent to harm

• justifiable reliance

• There must be an intent ot defraid

• business tort

justifiable reliance

the fraud has to actually be believable

wrongful interference with a contractual relationship

if you know two people have a deal, you can’t come in and try to fuck it up

• helllooooo Wiscionsion V Miami

wrongful inference with business

• when there is a relationship that gives the plaintiff a reasonable expectation of economic advantage even without a contract

• when there is a malicious interference that prevents business relationships from developing

• business tort

defamation

wrongfully harming a person’s good reputation with knowingly false statements

• libel/slander

• opinions/parody not defamation

• Higher bar for popular figures

  • must prove actual malice

NYT v. Sullivan

Full page NYT ad alleged that MLK arrest was part of a campaign to desotry civil rights movement

• Sullivan, Montgomery City Commissioner, filed libel lawsuit arguing defamation

• SCOTUS held that all staments abotu the conduct of public officials are protected except those made with actual malice

  • Sullivan didn’t have that last part

malice

knowledge that your statement is false/ recklessly disregarding the truth

compensatory damages

“make whole” damages

compensatory damages purposes

1. to restore losses caused by the action

2. to restore lost wages if injury keeps defendant from working

3. compensate for pain and suffering

single recovery principle

you only get to sue for the money once so you better get that right

punitive damages

damages to punish the wrongdoer

• intended for ouragous/extreme conduct

• meant to deter others from engaging in harmful action

contributory negligence

in some places if the plaintiff is at all negligent they don’t get all damages

comparative negligence

The plaintiff can recover from the defendant to the extent that the defendant is negligent

• caps at 50

assumption of risk

plaintiff knew action could result in injury, the plaintiff did it anyways

superseding cause

an unforeseeable intervening event

Unforeseeability

you cant be sued for something wildly unforeseeable

Palsgraf V long Island Railroad Company

Mrs. Palsgraf was waiting on train platform next to a metal scale, further down the line, a man is helped onto the train, drops his bag of explosives and the shockwave sends the scale into Mrs Palsgraf

• SCOTUS introduced the doctrine of unforeseeability

  • Because who the fuck brings fireworks on a train