CH 10 - Tort Law Part 1

What is a tort?

A civil wrong (not criminal) involving a breach of duty owed to another person or business.

What is the remedy to torts?

The usual remedy is money (damages).

What level of law do tort’'s usually follow? (state vs federal)

Controlled primarily by state law, often following precedent.

How is a tort different from a crime?

A tort is a private wrong between individuals or businesses seeking damages, while a crime is a public wrong prosecuted by the government.

What is the purpose of tort law?

To provide remedies for private wrongs, promote responsible behavior, and maintain order in civil society.

What are the three main theories of tort law?

Negligence, strict liability, and intentional torts

What is negligence?

Failure to act as a reasonable and prudent person (seperate from yourself, think of a priest or parent, what they would do)

What is strict liability?

Liability without fault for ultra-hazardous activities

What are intentional torts?

Willful misconduct intended to cause harm

What are elements of negligence?

• Duty (obligation to act reasonably)

• Breach of that duty

• Causation (actual and proximate cause)

• Damages (actual injury or harm)

What is the “Reasonable and Prudent Person” standard?

A mythical person representing society’s expectation of reasonable behavior — someone exercising good knowledge, investigation, and judgment.
(Prof: visualize a priest, teacher, or parent — your “conscience” figure.)

What is duty in negligenc

The obligation to act (or not act) as a reasonable person would — e.g., drive safely, obey laws, avoid foreseeable harm to others.

What is breach of duty?

Failure to act reasonably under the circumstances — e.g., running a stop sign or texting while driving.

What is actual cause (“but for” test)?

The harm would not have occurred but for the defendant’s conduct.

What is proximate cause?

Whether the harm was foreseeable enough that the defendant should be held legally liable.

What counts as damages in negligence?

Actual harm — physical, emotional, or property injury (not just hurt feelings).

What is Res Ipsa Loquitur (it speaks for itself) and what does it mean?

Applies when an accident is so obviously negligent that fault is presumed even without direct evidence.

What are elements of Res Ipsa Loquitur?

1. The harm could not occur without negligence.

2. The instrument causing harm was under the defendant’s control.

3. The plaintiff did not contribute to the harm.

Example: Sponge left inside a patient after surgery.
(Prof explicitly said: “Remember this—it’s probably on the test.”)

How does Res Ipsa Loquitur affect the reasonable person rule?

It relaxes the standard — negligence is inferred automatically due to the nature of the event.

What is strict liability?

Liability without fault — a person or company is responsible even if all reasonable care was taken.

What are examples of ultra-hazardous activities leading to strict liability?

• Keeping wild animals (snakes, tigers)

• Explosives or dynamite

• Swimming pools in residential areas
  Prof emphasized: “Snakes, swimming pools, foreseeability — you’re strictly liable if someone gets hurt.”

What is Negligence Per Se?

Automatic negligence because a statute was violated.
Example: Driving without headlights at night.

What are elements of negligence per se?

1. Duty

2. Breach of statutory standard

3. Causation (foreseeable harm)

4. Damages

Prof note: “It’s a rebuttable presumption — law presumes you were negligent.”

What differentiates intentional torts from negligence?

They require intentional or willful conduct — the person meant to do the act that caused harm.

What are common intentional torts against persons?

• Assault

• Battery

• Defamation

• Disparagement

• False Imprisonment

• Intentional Infliction of Emotional Distress

• Invasion of Privacy

What are the two types of defamation?

• Slander: Spoken defamation

• Libel: Written defamation

What are two ways defemenation can be judged?

• Per se: Harm presumed (e.g., accusing someone of crime or disease)

• Per quod: Harm must be proven.

What is the rule from New York Times v. Sullivan (1964)?

Public officials must prove actual malice — that false statements were made knowingly or with reckless disregard for the truth.
(Prof: “Actual malice is a term that will be on the test. Read the case and Palin articles.”)

What case extended defamation to product disparagement?

Texas Beef Group v. Oprah Winfrey — Oprah’s comment about “never eating another burger” harmed the beef industry.
Issue: Was her statement intentional disparagement or free speech?

What is false imprisonment?

Unlawful restraint without consent or legal justification.
Prof: “Retail cases — detaining a suspected shoplifter 15 minutes = reasonable, 6 hours = unreasonable.”

What is invasion of privacy?

Using another’s name, likeness, or image without consent (e.g., saying “George Clooney endorses my product” when he didn’t).
Truth is not a defense here

What are the five elements of fraud?

1. Material fact

2. False representation

3. Scienter (intent to deceive) ⭐

4. Reasonable reliance by third party

5. Damages suffered by third party

(Prof: “Sienter — circle that in your notes. It’ll be on the test.”)

What is nuisance and its two types?

Interference with the right to enjoy property.

• Private nuisance: Individual harm (e.g., neighbor’s dog smell or overgrown tree)

• Public nuisance: Community harm (e.g., protesters blocking a street)

What are the main defenses to intentional torts?

1. Consent (e.g., sports contact)

2. Privilege (e.g., self-defense)

3. Necessity (e.g., emergency trespass to get help)

4. Truth (absolute defense to defamation)

(Prof: “Truth for slander and libel is an absolute defense — if it’s true, it’s not defamatory.”)