Chapter 4: The Law of Torts

Tort: an act that violates rights of an individual or a group of individuals (class action).

Tortfeasor: commits a tort.

Rights:

1. to be free from bodily harm.
2. to enjoy a good reputation and a quiet life.
3. to conduct business without interference.
4. to have ones property free from damage, and trespass.
5. to reasonable medical care.
6. to be free from interference of marriage.

Types of Torts:

1. Intentional Tort: a wrong that occurs when a person knows and desires the consequence of his/her actions. Willingly and Knowingly-(Trespassing)
   • Assault: the intentional threatening of an individual which affects their rights.
   • Battery: intentionally causing bodily harm.
   • Trespass: injury or interference with ones property without consent.
   • Nuisance: interfering with ones right to quiet enjoyment of life.
     • Public: larger group of individuals
     • Private: it effects an individual’s rights
   • False Imprisonment: depriving an individual their rights to freedom without probable cause.
     • adequate cause
     • warrant (not valid)
   • Defamation: intentional damaging of ones reputation through…
     1. Slander- damaging statements made through a third party (rumors).
     2. Libel- written or printed document.
   • Invasion of Privacy: invading another’s right to be left alone physically, personally, and financially.
     1. Unwanted Publicity
     2. Interference with private matters
        • Federal Privacy Act of 1974.
2. Negligence: the failure to exercise the degree of care that a reasonable person would in a similar situation.
   1. Who? Duty of care?
   2. Breach of Duty
   3. Proximate cause? Directly related to the Breach.
      1. Degrees of Negligence:
      2. Slight NegligenceOrdinary Negligence

         Gross Negligence

3. Strict Liability: people maybe liable for injuries of others regardless of negligence or fault. (Ultra hazardous conditions) BEYOND DEFENDANTS CONTROL.
4. Defenses for Negligence:
   • Assumption of risk: The legal doctrine that a plaintiff is not entitled to compensation if, knowing a dangerous condition, he voluntarily exposed himself to the risk that resulted in injury.
   • Comparative Negligence: The appointment of fault when both the plaintiff and the defendant contributed to a loss by failing to exercise the required degree of care. Damages for the plaintiff are decreased in proportion to his or her own negligence.