Chapter 6

Chapter 6 - TORTS AN INTRODUCTION Tort A civil wrong not...

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TORTS: AN INTRODUCTION Tort: A civil wrong, not arising from a breach of contract or other agreement. A breach of a legal duty that proximately causes another person harm or injury. Civil vs. Criminal Wrong: A tort is a “civil” wrong, punishable by compensating, or paying damages to, the injured party, rather than a “criminal wrong,” punishable by paying a fine to the government or being imprisoned. Some torts may also serve as the basis for separate criminal prosecution by the state. The duty that is violated by the tortfeasor ( i.e. , the “wrongdoer”) must exist as a matter of law , not as a consequence of any agreement between the tortfeasor and the injured party. Business Tort: Wrongful interference with another’s business rights. Intentional Tort: A wrongful act committed knowingly and with the intent to commit the act (not necessarily with the intent to do harm). Unintentional Tort: A wrongful act committed without knowledge of its wrongfulness or without the intent to commit the act. INTENTIONAL TORTS: PHYSICAL ACTS Assault: An intentional, unexcused act creating in another person a reasonable apprehension or fear of immediate harmful or offensive contact ( e.g. , pointing a gun at someone). Battery: Intentional, unexcused and harmful or offensive contact ( e.g. , firing the gun). False Imprisonment: The intentional confinement of another person or restraint of another person’s activities without justification. The confinement may occur through the use of physical barriers, physical restraint, or threats of physical force. Infliction of Emotional Distress: An intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another. INTENTIONAL TORTS: DEFENSES Consent: When a plaintiff consents to the act that damages him or her, the alleged tortfeasor generally is not liable for any damage done. Self-Defense: An individual defending his or her life or physical well-being, either from real or apparent danger, may use reasonably necessary force, or resort to reasonably necessary action, to prevent harmful contact.
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Defending or Assisting Others: An individual can act in a reasonable manner to protect or assist others who are in real or apparent danger. Defending Property:
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This note was uploaded on 07/09/2008 for the course ANS 447 taught by Professor Estok during the Spring '08 term at Arizona.

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Chapter 6 - TORTS AN INTRODUCTION Tort A civil wrong not...

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