Chapter 7 Torts (1)

Chapter 7: Torts Overview

  • Torts are civil wrongs that are not based on contract or statute.

  • The individual who commits a tort is referred to as the tortfeasor.

  • Tort law aims to provide compensation to those who have suffered injury.

  • Tort law varies by state, yet maintains substantial similarities across jurisdictions.

Types of Torts

  • There are three primary categories of torts:

    • Intentional Torts

    • Negligent Torts

    • Strict Liability Torts

Intentional Torts

  • Definition: Occur when the defendant intentionally engages in conduct that results in harm or injury to another.

  • Focus is on the intent to perform an action, rather than intent to cause harm.

Categories of Intentional Torts

  1. Torts Against Persons

    • Examples: Assault, Battery, Defamation.

  2. Torts Against Property

  3. Torts Against Economic Interests

Torts Against Persons

Assault

  • Definition: Intentionally placing someone in fear of immediate harmful or offensive contact.

  • Does not require actual physical contact.

Battery

  • Definition: Intentionally causing harmful or offensive contact with another person.

  • Requires actual contact, injury is not necessary for the tort.

  • Defenses to Battery: Consent, Self-defense, Defense of others, Texas "castle" law.

Defamation

  • Definition: A false statement that damages someone’s reputation.

  • Must be damaging and not just an opinion.

    • Libel: Defamation in written or permanent form.

    • Slander: Oral defamation.

  • Defenses: Truth (absolute defense) and Privilege (conditional or absolute).

Torts Against Property

Types

  • Trespass to Realty: Unauthorized entry onto someone else's property.

  • Private Nuisance: Unreasonable use of property causing harm to a neighbor.

  • Trespass to Personal Property: Temporary interference with another's property (e.g., borrowing without permission).

  • Conversion: Permanent interference with ownership rights (e.g., theft).

Torts Against Economic Interests

Types

  • Disparagement: Damaging a business's reputation.

  • Intentional Interference with Contract: Causing one party to breach a valid contract.

  • Unfair Competition: Competing with the intent to drive another out of business.

  • Misappropriation: Unauthorized use of someone’s property or funds.

  • Fraudulent Misrepresentation: Intentional deceit for personal gain.

Negligent Torts

  • Definition: Failure to exercise reasonable care, resulting in harm to others.

  • Elements of Negligence:

    • Duty: Obligation to provide care (varies by circumstance).

    • Breach of Duty: Failing to meet the standard of care.

    • Causation: Must establish actual and proximate cause.

    • Damages: Plaintiff must show measurable harm.

Defenses to Negligence

  • Modified Comparative Negligence: Reduces liability based on plaintiff's own negligence.

  • Assumption of Risk: Plaintiff voluntarily engaged in risky activity.

  • Good Samaritan Statute: Protects those providing aid in emergencies.

Strict Liability Torts

  • Definition: Liability without fault where activities are so dangerous they impose liability regardless of intent or care.

  • Conditions:

    • Involves a risk of serious harm.

    • Is inherently dangerous and not usually safely done.

Tort Damages

  • Categories:

    • Compensatory Damages: Reimburse for harm suffered.

    • Nominal Damages: A token amount acknowledging a tort occurred without measurable harm.

    • Punitive Damages: Further punishment for egregious conduct.

Case Study: Palsgraf v. Long Island Railroad

  • Key Issue: Determining the duty of due care owed to individuals.

  • Facts: Plaintiff injured from a chain reaction triggered by a dropped package of fireworks on a train platform.

  • Holding:

    • Duty of care is determined by foreseeable risk.

    • Defendants only owe duty to those within a zone of foreseeable danger.

  • Outcome: The judgment was reversed in favor of the railroad.