Chapter 12 (4).ppt - Chapter 12 Torts Introductory Concepts Tort Damages Tortfeasor 2 key questions in every tort case 1 Can Plaintiff prove prima facie

Chapter 12 (4).ppt - Chapter 12 Torts Introductory Concepts...

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Unformatted text preview: Chapter 12 Torts Introductory Concepts Tort Damages Tortfeasor 2 key questions in every tort case 1. Can Plaintiff prove prima facie case (elements of the claim) 2. Does Defendant have any defenses Types of Torts Intentional Torts Strict Liability Negligence Intentional Torts General Information Def – a wrongful act knowingly committed Must intend act, not necessarily consequences 3 basic elements of all intentional tort claims 1. 2. 3. Act by Defendant Intent by Defendant Causation Types of Intentional Torts Intentional Torts Against People 1. 2. 3. 4. Battery Assault False Imprisonment Intentional Infliction of Emotional Distress (IIED) Harms to Economic or Dignitary Interests 1. 2. 3. 4. 5. Defamation Invasion of Privacy Misrepresentation/Fraud Wrongful Institution of Legal Proceedings Wrongful Interference with a Contract Intentional Torts Against Property 1. 2. 3. Trespass to Land Trespass to Chattels Conversion Intentional Torts Against People Battery Unprivileged, intentional touching of another Elements 1. 2. 3. 4. Harmful or Offensive Contact With Plaintiff or Plaintiff’s Person Intent Causation Doctrine of Transferred Intent Reasonable Person of Ordinary Sensitivities Test Assault Reasonable apprehension or fear of immediate harmful or offensive contact Elements 1. 2. 3. 4. Apprehension Of immediate battery Intent Causation No battery has to occur Words coupled with conduct can undue Assault False Imprisonment Intentional confinement or restraint of another’s activities without justification Elements 1. 2. 3. 4. Sufficient Act of Restraint To a Bounded Area Intent Causation Probable Cause Defense Reasonable means of escape rule Intentional Infliction of Emotional Distress (IIED) Extreme and outrageous conduct that results in severe emotional distress to another Elements 1. 2. 3. 4. Extreme and Outrageous Conduct Intent Causation Damages Must prove actual emotional distress Very hard claim to win Example Brittany is walking down the street. A person comes up behind her and puts a gun in her back forcing her into an alley. What tort or torts have occurred? Intentional Torts Against Property Trespass to Land Entry onto, above or below another’s land without permission Elements 1. 2. 3. 4. Act of physical invasion To land Intent Causation Defendant need only intend to walk where defendant walked Trespasser once informed no longer welcome Odors, bright light and smoke usually not enough Trespass to Chattels Chattels – personal property Elements 1. 2. 3. 4. 5. 6. Act of invasion To personal property Of another Intent Causation Damages Conversion Civil side of the crime of theft Elements 1. 2. 3. 4. 5. Defendant’s interference With Plaintiff’s right of possession Serious enough to warrant Defendant paying full amount Intent Causation 2 types 1. 2. Intermeddling Dispossession True owner always has best claim Example Brittany is at home sleeping. A man breaks into her house and holds Brittany at gunpoint. He then knocks her unconscious and steals her jewelry. Two days later, her jewelry is found at a pawn shop. What tort or torts have occurred? Defenses to Intentional Torts Against People and Property 5 Common Defenses Consent Self-defense and use of deadly force Defense of others Defense of property Necessity (public and private) Harms to Economic and Dignitary Interests Defamation Falsely causing injury to another’s good name, reputation, or character Elements 1. 2. 3. 4. False and defamatory statement Of and concerning Plaintiff Publication Damages Slander vs. Libel vs. Slander per se Defenses to Defamation Truth Consent Trying to keep matter private Absolute Privilege Qualified Privilege Invasion of Right to Privacy Appropriation Intrusion with Plaintiff’s seclusion False light Public disclosure of private facts Defenses to Invasion of Right to Privacy Newsworthy Consent Absolute Privilege Qualified Privilege Misrepresentation/Fraud Elements 1. 2. 3. 4. 5. 6. Affirmative misrepresentation Intent (scienter) To induce Plaintiff’s reliance Causation Justifiable reliance by Plaintiff Damages Puffery is not misrepresentation Negligence Elements (different from book) Duty of Care – Reasonable Person Test Breach of Duty of Care 1. 2. Evidence of custom Res Ipsa Loquitour Causation 1. 2. Cause-in-fact Proximate Cause Damages 1. 2. Compensatory Punitive Duty of Care Duty of all persons to exercise reasonable amount of care in dealings with others Reasonable person standard To whom is duty owed 1. 2. 3. All foreseeable victims Any person Defendant placed in position of danger/peril Rescuers and Fetuses are foreseeable as a matter of law Physical and mental handicaps When does Reasonable Person test not apply? 1. Professionals Ordinary member of profession in good standing 2. Children Child of like age, intelligence and experience Attractive Nuisance Doctrine 3. Owners and Occupiers of Land (i.e. businesses) 4 categories of visitors to land Must actually have been injured on land 2 key questions (source of injury, status of Plaintiff) 4 Categories of Visitors Type Activity Condition Undiscovered Trespasser No duty None Discovered Trespasser Reasonable Care Protect individuals against conditions that are artificial, highly dangerous, concealed & known to land owner Invitee Reasonable Care Any condition that is concealed and land owner either knew about it or should have known about it Licensee No longer used in NC No longer used in NC Other issues with land Open and obvious conditions Attractive Nuisance Doctrine Breach of Duty of Care Plaintiff must be able to point to specific conduct of Defendant 2 ways to prove 1. Evidence of Custom 2. Res Ipsa Loquitour Causation 2 types (must have both) 1. 2. Cause-in-Fact Proximate Cause What can effect causation 1. Intervening force 2. Superseding Intervening force 3. Preexisting condition Damages Compensatory – Lost pay – Pain and suffering – Medical bill Punitive – Sole purpose is to punish and deter Defenses Assumption of Risk 1. 2. Expressed assumption of risk Implied assumption of risk Contributory Negligence Comparative Negligence 1. 2. Pure comparative negligence Modified comparative negligence Miscellaneous Negligence Concepts Negligence per se Respondeat Superior/Vicarious Liability Good Samaritan statutes Dram shop laws Preventive Law Tips for Managers ...
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  • Spring '17
  • Tina Spach

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