what is a tort? what is a tort? what is the purpose of tort law? what are the two basic categories...

• What is a tort?What is a tort?• What is the purpose of tort law? What is the purpose of tort law?

What are the two basic What are the two basic categories of torts?categories of torts?• What are the four elements of What are the four elements of

negligence? negligence?

© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

• What is meant by strict liability? What is meant by strict liability? In what circumstances is it In what circumstances is it applied?applied?• What is a cyber tort, and how are What is a cyber tort, and how are

tort theories being applied in tort theories being applied in cyberspace?cyberspace?


• A tort is a civil, legal injury to a A tort is a civil, legal injury to a person or property caused by a person or property caused by a breach of a legal duty.breach of a legal duty.• Plaintiff (the injured party) sues the Plaintiff (the injured party) sues the

Defendant (the Tortfeasor) for Defendant (the Tortfeasor) for damagesdamages::–Compensatory Damages.–Punitive Damages.


• Classification of Torts:Classification of Torts:–Intentional.–Unintentional (negligence-no fault).–Strict Liability (absolute liability).


• Intentional Tort:Intentional Tort:–Tortfeasor (one committing the tort)

must have intended to commit the act, meaning he:• Intended consequences or• Knew with substantial certainty that

certain consequences would result.


• Assault and Battery.Assault and Battery.–Assault: the reasonable apprehension or

fear of immediate contact.–Battery: completion (contact) of the

assault.–Defenses: • Consent.• Self-Defense and Others.• Defense of Property.


• False Imprisonment.False Imprisonment.–Confinement or restraint of another

person’s activities without justification.–Merchants can detain a suspected

shoplifter as long as there is probable cause.


• Intentional Infliction of Emotional Intentional Infliction of Emotional Distress.Distress.–Extreme and outrageous conduct.–Some courts require physical

symptoms.


• Defamation.Defamation.–Publication of a false statement as fact

(oral or written) that injures a person’s good reputation.• CASE 4.1 Orlando v. Cole (2010). Were

the attorney’s statements defamatory?–Third party must hear or see statement.–Statements made on the internet may

be actionable.


• Defamation (cont’d).Defamation (cont’d).–Publication Requirement. An individual

who re-publishes the statement will be liable.–Statement must hold someone up to

contempt, ridicule or hatred in the community.–Damages for Libel: general damages are

presumed. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

• Defamation (cont’d).Defamation (cont’d).–Damages for Slander: plaintiff must show

special damages, unless it is slander per se (no proof of damages is required):

–Loathsome communicable disease.–Professional impropriety.–Imprisonment for a serious crime.–Unmarried woman is unchaste.


• Defamation (cont’d).Defamation (cont’d).–Defenses:• Truth is normally an absolute defense.• Privilege: absolute (judicial and legislative

proceedings) or qualified (good faith, limited).• Public Figures: plaintiff must show

statement made with “actual malice.”


• Invasion of the Right to Privacy.Invasion of the Right to Privacy.–Person has the right to solitude. Breach

of that duty is a tort.• Appropriation.Appropriation.–Use of another’s name or likeness

without permission, and for the user’s benefit.


• Fraudulent Misrepresentation:Fraudulent Misrepresentation:–Knowing misrepresentation of fact. –Intent to induce innocent party to rely.–Justifiable reliance by innocent party.–Causation and Damages.–Contrast: fact versus “puffery” or

opinion.)• Negligent Misrepresentation.Negligent Misrepresentation.


• Abusive or Frivolous Litigation.Abusive or Frivolous Litigation.–Malicious Prosecution.–Abuse of Process.

• Wrongful Interference with Wrongful Interference with Contractual Relationship.Contractual Relationship.• Valid, enforceable contract exists.• Third party knows about contract.• Third party intentionally causes either party

to breach the original contract.© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

• Wrongful Interference with Business Wrongful Interference with Business Relationship.Relationship.–Distinguish competition vs. predatory

behavior. Predatory behavior is unlawfully driving competitors out of market.– To prevail, Plaintiff must show Defendant

targeted only Plaintiff’s customers and product.

• Defenses to Wrongful Interference.Defenses to Wrongful Interference.© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

• Trespass to Land.Trespass to Land.• Trespass to Personal Property.Trespass to Personal Property.• Conversion.Conversion.–CASE 4.2 Trustees of University of Trustees of University of

District of Columbia v. Vossoughi District of Columbia v. Vossoughi (2009). Valuation of personal property depends on circumstances.


• Disparagement of Property.Disparagement of Property.–Slander of Quality.–Slander of Title.


• Negligence is an unintentional tort.Negligence is an unintentional tort.• Occurs when someone suffers injury Occurs when someone suffers injury

because of the defendant’s failure to because of the defendant’s failure to comply with a legal duty.comply with a legal duty.• Defendant (tortfeasor) creates Defendant (tortfeasor) creates

foreseeable risk of injury. foreseeable risk of injury.


• Did the Defendant owe the Plaintiff a Did the Defendant owe the Plaintiff a legal duty of care?legal duty of care?• Did the Defendant breach that duty?Did the Defendant breach that duty?• Did the Plaintiff suffer a legal injury?Did the Plaintiff suffer a legal injury?• Did the Defendant’s breach of duty Did the Defendant’s breach of duty

cause the Plaintiff’s injury?cause the Plaintiff’s injury?


• Duty of Care and Its Breach.Duty of Care and Its Breach.–Reasonable Person Standard.• How would a reasonable person have acted

under the circumstances?–Duty of Landowners: keep business invitees

and tenants safe in common areas. Exception: Obvious risks.–Duty of Professionals to clients (attorneys,

CPA’s, doctors).© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

• Injury Requirement and Damages.Injury Requirement and Damages.–Plaintiff must suffer a legally

recognizable injury.–Not all injuries can be compensated.

• Causation.Causation.–Causation in Fact (“but for” test).–Proximate Cause (foreseeably strong

connection).© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

• Defenses to Negligence.Defenses to Negligence.–Assumption of the Risk. CASE 4.3

Pfenning v. Lineman Pfenning v. Lineman (2010). Was the plaintiff a participant in the golf game?–Superseding Cause: event must be

unforeseeable.–Contributory Negligence (few

jurisdictions): plaintiff recovers nothing if he is at fault.


• Defenses to Negligence (cont’d).Defenses to Negligence (cont’d).–Comparative Negligence (more

common).• As long as Plaintiff is less than 50% at fault

he can recover a pro-rata share of the verdict.


• Special Negligence Doctrines and Special Negligence Doctrines and Statutes.Statutes.–Res Ipsa Loquitur.–Negligence Per Se. Violation of law is

legal breach of duty. Plaintiff shows: • Defendant broke a law/statute.• Plaintiff is in special class to be protected;

and• Statute designed to prevent injury to

Plaintiff. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

• Special Negligence Doctrines and Special Negligence Doctrines and Statutes (cont’d).Statutes (cont’d).–“Danger Invites Rescue” doctrine.–Dram Shop Acts.


• Does not require fault, intent or breach Does not require fault, intent or breach of duty.of duty.• Usually involves ‘abnormally dangerous’ Usually involves ‘abnormally dangerous’

activities and risk cannot be prevented.activities and risk cannot be prevented.• Product Liability—manufacturers and Product Liability—manufacturers and

sellers of harmful or defective products.sellers of harmful or defective products.


• Identifying the Author of Online Identifying the Author of Online Defamation. Defamation. –Can a person be liable for a tort

committed in cyberspace?• Liability of Internet Service Providers.Liability of Internet Service Providers.–Communications Decency Act (1996).

“No provider/user of an interactive computer service shall be treated as the publisher …provided by another information content provider.”


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