TORTS

Chapter 6

A Tort is Defined as…..• Civil offense against a person-not society.• Private Wrong• Sue for Money Damages.

• An act can be both a tort and a crime.• The Courts will NOT fine you for

committing a tort.• Police Investigate Crimes-Not Torts.

Elements of a Tort• Duty: Legal obligation owed another to

do or not to do something• Breach: A violation of the duty.• Injury: A Harm that is recognized by the

law• Causation: Proof that the breach caused

the injury.

Duty Is? Who Defines tort duties?• State Law Defines tort duties.

1. The duty not to injure another.

2. The duty not to interfere with the property of others.

3. The duty not to interfere with the economic rights of others.

Causation• This is the connection between breach and

injury.• Did the breach of duty cause the injury?

– If so, then the element of causation has been proven.

• Proximate Cause: When you know that your actions will most likely cause an injury.

Assault

• Assault: When one person intentionally threatens to injure another. Can be made with words or gestures. – Can be a gesture that they are going to stab

you.– Can be offensive in sexual nature-threatening

to kiss or touch.

Battery• Battery: Harmful or offensive touching.

– Shooting, pushing in anger, spitting on etc.

– No Battery in Boxing-this is consent to the contact.

– Self-Defense: No Battery

False Imprisonment• False Imprisonment: Depriving a person

of freedom of movement without consent and without privilege.– Handcuffed, locked in a room, car, or jail; told

in a threatening way to stay in one place.– Consent: You agree to it.– Privilege: Police have probable cause to

arrest you.

Defamation• Defamation: False Statements that injure

a persons reputation.– Spoken: Slander– Written or Printed: Libel

1. Must be False

2. Must be communicated to a third person (no one is harmed if no one hears or reads the lie)

3. Must bring the victim into disrepute, contempt, or ridicule by others.

Invasion of Privacy

• The unwelcome and unlawful intrusion into one’s private life so as to cause outrage, mental suffering, or humiliation.

Trespass

• The entry onto the realty of another without the owner’s consent.

• Dumping or breaking things are included.

• Must have INTENT.

Conversion

• Property that is stolen, destroyed, or used in a manner inconsistent with the owner’s rights.

• A THIEF is always a converter.

Interference with Contractual Relations

• When a third person entices or encourages the breach of a contract.

Fraud

• An intentional misrepresentation of an existing important fact.

• A LIE• Must cause

financial injury.

NEGLIGENCE

• The Most Common Tort.

• No Intent Required.

• Carelessness

Reasonable Man Standard

• Requires that we act with the care, prudence, and good judgment of a reasonable person so as not to cause injury to others.

Defenses to Negligence

• Contributorily

• Comparative

• Assumption of Risk.

• Both parties equally responsible-both were careless.

• Plaintiff is partially at fault. Damages reduced.

• Aware of danger and still subject themselves to danger.

LINKS• Can you believe this? Lawsuits

– http://channels.isp.netscape.com/atplay/serfunfacts.jsp?id=atplay_laughablelawsuits

• Tort Information and activities.– http://www.kscourts.org/lawwise/mar2007.htm

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