tort law. section 3.1 definition of a tort section 3.1 definition of a tort a tort is a private...

Tort LawTort Law

Section 3.1

Definition of a Tort

Section 3.1 Definition of a Tort

A tort is a private wrong committed by one person against another person or another person’s property.

Section 3.1 Definition of a Tort

A person who commits a tort is called a tortfeasor.

In a lawsuit, the tortfeasor is the defendant and the victim is the plaintiff.

Section 3.1 Definition of a Tort

An intentional tort is an act that is intended to hurt, embarrass, or scare another person, or to damage another person’s property.

Section 3.1 Definition of a Tort

The most common intentional torts against individuals are:

assault and battery

defamation

intentional infliction of emotional distress

false imprisonment

invasion of privacy

Section 3.1 Definition of a Tort

An assault occurs when an individual threatens to harm an innocent person using words, gestures, or both.

Section 3.1 Definition of a Tort

Battery occurs when someone deliberately touches another person or that person’s clothing against his or her wishes.

Section 3.1 Definition of a Tort

False imprisonment occurs when one person unlawfully restrains another from moving freely. It may involve physical restraint or merely a show of force.

Section 3.1 Definition of a Tort

Defamation occurs when one person lies about another in a way that damages his or her reputation.

There are two types of defamation: libel, which is written, and slander, which is oral.

Section 3.1 Definition of a Tort

Citizens have the right to live without others intruding on their personal life or private records.

Invasion of privacy occurs when someone violates this right.

Section 3.1 Definition of a Tort

Intentional infliction of emotional distress occurs when one person purposely causes another person mental anguish.

Section 3.2

Negligence and Liability

Section 3.2 Negligence and Liability

Negligence is a tort that occurs due to carelessness. It is an accident. The injury was not intended.

Section 3.2 Negligence and Liability

The four elements of negligence are:

1

2

3

4

The defendant owed the plaintiff a duty of care.

The defendant committed a breach of that duty.

The breach of duty was the proximate cause of harm.

The plaintiff suffered actual harm.

Section 3.2 Negligence and Liability

Proximate cause is the cause that immediately and directly results in a specific event.

Section 3.2 Negligence and Liability

If a person can eliminate any one of the four elements of negligence, the lawsuit will not be successful.

Section 3.2 Negligence and Liability

There are three other defenses against negligence:

1

2

3

contributory negligence

comparative negligence

assumption of risk

Section 3.2 Negligence and Liability

Contributory negligence is when the victim did something that helped cause his or her own injury.

Section 3.2 Negligence and Liability

Comparative negligence is when the negligence of the victim is compared to that of the defendant. A victim who is partially responsible may collect only partial damages.

Section 3.2 Negligence and Liability

Assumption of risk occurs when the victim understood the risk involved in an activity and took the chance of being injured.

Section 3.2 Negligence and Liability

Strict liability holds that some activities are so dangerous, no amount of care could eliminate the risk of injury.

Section 3.2 Negligence and Liability

Examples of strict liability are:

storing toxic or flammable material

keeping wild animals as pets

using explosives

Tort LawTort LawEnd of Chapter 3