BLAW 200 Chapter 6 note.docx - Chapter 6 Tort Law 6u20131...

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Chapter 6 Tort Law6–1 The Basis of Tort Lawtorts:A civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another.wrongs and compensation (monetary damage)1aThe Purpose of Tort Lawthe purpose of tort law is to provide remedies for the violation of various protected interests.physical security and freedom of movement and protecting property1bDamages Available in Tort Actionsdamages:A monetary award sought as a remedy for a breach of contract or a tortious act.compensatory damages:A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party.Special damages:In a tort case, an amount awarded to compensate the plaintiff for quantifiable monetary losses, such as medical expenses, property damage, and lost wagesand benefits (now and in the future).General damages:In a tort case, an amount awarded to compensate individuals for the nonmonetary aspects of the harm suffered, such as pain and suffering; not available to companies.punitive damages:Money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct.1cClassification of TortsThere are two broad classifications of torts: intentional tortsand unintentional torts(tortsinvolving negligence). 1dDefensesdefenses(reasons why the plaintiff should not obtain damages)A common defense to intentional torts against persons, for instance, is consent.When a person consents to the act that damages her or him, there is generally no liability. The most widely used defense in negligence actions is comparative negligence.most states have a statute of limitationsthat establishes the time limit (often two years from the date of discovering the harm) within which a particular type of lawsuit can be filed. 6–2 Intentional Torts against Personsintentional tort:A wrongful act knowingly committed.tortfeasor:One who commits a tort.In tort law, intentmeans only that the person intended the consequences of his or her act or knew with substantial certainty that specific consequences would result from the act. The law generally assumes that individuals intend the normalconsequences of their actions. transferred intent: A legal principle under which a person who intends to harm one individual, but unintentionally harms a different individual, can be liable to the second victim for an intentional tort.2aAssaultassault:Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat.2bBattery
battery:The unprivileged, intentional touching of another.2cFalse ImprisonmentFalse imprisonmentis the intentional confinement or restraint of another person’s activities without justification.

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