TORTS

To Redress for Wrongs

The objectives of tort law . . .

Causes of Action for:

Provide remedies for

Personal Injury Property Damage Defamation Interference with Contracts Invasion of Privacy Wrongful Discharge

injury to persons, property and economic interests.

Deter wrongful

Due to:
Intentional Torts Negligence Strict Liability

behavior.

Intentional Torts
In the definition of the tort, one of the elements

is that of INTENT to do an act. Example: Assault: An act done with the specific or general intent of causing apprehension in another of immediate offensive or harmful contract.

Intentional Torts
Assault Battery False Imprisonment Intentional Infliction of Emotional Distress Trespass to Land Trespass to Chattels Conversion Fraud Invasion of Privacy

Hypotheticals
Hypo # 1 Stolen Widgets Civil v. Criminal Liability Hypo # 2 Words ala Stolen Widgets Defamation: Private v. Public Persons Conditional Privileges v. Absolute Privilege Hypo # 3 The Tort Parade Hypo # 4 Snoop Boss-y Hypo #5 Wrongfully Discharged

Negligence
Negligence is conduct that falls below the

standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances.
http://legal-dictionary.thefreedictionary.com/negligence (1/24/12)

The elements of negligence are . . .

Duty: the existence of a duty to act. Breach of Duty: by failure to observe the

standards of behavior.

Cause: the breach of duty is the legal (actual) and

proximate cause (foreseeable) of injury.

Damages: the injury is measurable.

Negligence Per Se
Negligence per se is negligence due to the violation of a law meant to protect the public, e.g. a speed limit or building code. Unlike ordinary negligence the conduct is automatically considered negligent a party does not need to prove the duty and breach of duty. In lawsuits, the focus will be whether the conduct that violated the law proximately caused the damage to the party suing.

Hypotheticals
Hypo # 6 A Sampler

Hypo # 7 One Hairy Yogurt

Strict Liability
Strict liability is absolute liability or legal responsibility for damages, or injury, even if the person found strictly liable was not at fault or negligent.
Examples: Defectively manufactured or designed products; Keeping wild animals; Ultra hazardous activities, e.g. blasting and other activities, which for reasons of public policy, may be undertaken and conducted only if insurance is provided against the harm to others that results from the risks the activities create.

Other Examples of Strict Liability

Common Carriers: liability for transportation of goods. Workers Compensation: employers must provide

insurance that covers injuries sustained while on the job.

Respondeat Superior: the employers liability when an

employee causes harm to a third party while in the course and scope of employment.

Tort Damages
Compensatory = compensate for measurable +

foreseeable damages

General and Special

Punitive Available if willful, meaning intentional or

calculated to cause harm OR Because the harm was due to recklessness or gross negligence; Calculated to be in proportion to the evil and enough to punish.

Hypothetical

Hypo # 8 The Board with a Defect

Multiple Defendants
Joint and Several Liability: two or more

defendants are negligent and liable for the same injury. If one pays the damages, he/she can look to the other defendant for reimbursement.
Comparative Liability: proportionate liability.

Contributory Negligence
A doctrine of common law that applies when a

person was injured in part due to his/her own negligence (his/her negligence "contributed" to the accident) to bar the injured party from recovering in court against even a very negligent defendant. (VA, MD, DC, AL, NC) negligence test.

The majority of states have adopted a comparative