Intro to Law2009-2010Androstic

43. Identify defenses that can be made for intentional torts.

44. Describe defenses for defamation.

45. Identify the elements that make up negligence.

46. Recognize defenses for negligence suits.

47. Identify what is needed to prove strict liability.

48. Recognize defenses to strict liability cases.

One may sue for any of the following forms of damages:

Compensatory damages

Nominal damages

Punitive damages

When accused of an intentional tort, there are two general defenses that a defendant can make:

Consent – plaintiff consented to the act

Privilege – justified conduct, such as self defense

Defamation?

Defamation is when a person makes a false statement to a third party causing harm to the plaintiff. Think of this as harming the reputation of someone by making a false statement about them.

Types of defamation:

Slander – oral statementsLibel – written defamation

Defenses for defamation?

-proving the statement is true-opinions are protected

There are four elements that must be proven to win a case involving a negligent tort.

1.Duty – a responsibility owed by the defendant

2.Breach of duty – failure to complete owed duty

3.Causation – breach of duty caused plaintiff’s harm

4.Damages – causation caused damages to the plaintiff

Contributory negligence – plaintiff is also somewhat negligent, so they can claim no damages

Comparative negligence – plaintiff is some % at fault, and cannot claim full amount of damages

Assumption of the risk – plaintiff voluntarily encounters known danger and accepted the risk

Immune – some people are immune from negligent lawsuits, such as gov’t officials or family members

Unlike negligent torts, where duty, breach, causation, and damages.

For strict liability, you only need to prove causation and damages.

However, you must also convince the court that the activity that caused the harm is unreasonably dangerous.

When accused of strict liability cases, you can use the following defenses:

the plaintiff should have to prove negligence

There is no causation or no damages

The plaintiff has misused the product