from injuries committed by 1 person, group, or organization against another or others. Can be intentional or not. Can be purposeful or negligent Purpose Behind Tort Law: Peaceful means for adjusting the rights of parties deter wrongful conduct Restore injure parties encourage socially responsible behavior
Types of Torts Intentional Accidental Recklessness Negligence Strict Liability Nuisance
Intentional Torts Intentional torts: An act committed by a person that either desires to cause a harm (specific intent) or has knowledge of a substantial certainty (general intent) that a harm will result, and the harm is caused. 4 Kinds: Torts against the person: harm or restrict the person battery (completed act), assault (in fear of potential battery), false imprisonment, intentional infliction of emotional distress (IIED) Property torts: intentional interference with persons property rights Trespass to land real property Trespass to chattels (personal property) minor interference, Conversion (serious version of T/C) take it or destroy it Dignitary torts: do not cause tangible injury to a person property BUT do cause intangible harm to reputation Defamation, Slander and libel, Misappropriation of publicity, Invasion of privacy, Disclosure Economic torts: C/L fraud and tortious interference with contractual or business relationships
Negligence Failure to exercise duty of care owed to others which a reasonably prudent person would do in the same or similar circumstances either though ones action or inaction. Duty: D owes a duty of care to P Breach: D breaches that duty by acting or failing to act in certain way Causation: breach must be cause of Ps loss or damage Damages: it must be fair and reasonable to order D to compensate P
Strict Liability strict liability: automatic responsibility for damages due to possession and/or use of equipment, materials or possessions which are inherently dangerous, such as explosives, wild animals, poisonous snakes, weapons, radioactive materials. S/L is often the rule in certain product liability cases Underlying theory is that only such liability can force manufacturers to always pursue the safest possible design Nuisance Nuisance: the unreasonable, unwarranted and/or unlawful use of property, which causes inconvenience or damage to others, either to individuals and/or to the general public. Examples: smells, noise, signs, illegal gambling,
Battery P must show that D: 1. acts volitionally 2. w/ intent to cause a a. harmful OR b. offensive contact w/ another person or a 3 rd person, OR c. an imminent apprehension of such a contact AND 3. Harmful contact w/ the other person a. directly OR b. indirectly results 4. W.o consent or lacking privilege (jurisdictional) Battery P must show that D acts volitionally w/ intent to cause a harmful or offensive contact w/ another person, or an imminent apprehension of such a contact, and harmful contact w/ the other person directly or indirectly results w/o consent or lacking privilege (jurisdictional)