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Chapter4slides - Chapter 4 Chapter Torts What is a tort...

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Unformatted text preview: Chapter 4 Chapter Torts What is a tort? What • A civil wrong, entitling the victim to civil compensation compensation • Not a crime, though often occurs in Not connection with one connection • Recovery is based on the damage to the Recovery plaintiff plaintiff • Based on common law 2 General types General • Intentional – Many specific ones • Unintentional (2 categories) – Negligence-“fault” involved • Unlimited circumstances • Very general requirements – Strict Liability-fault not an issue Intentional Torts Intentional • • • • Each has its own requirements Assault Battery False imprisonment – Usually not in a prison • Intentional Infliction-Emotional Distress Defamation Defamation • Libel=Written, Slander=Spoken • Requirements(all needed) – False statement – Factual in nature – Communicated to 3rd party – Injury to reputation • Actual monetary loss often must be Actual proven in slander proven Privileged Communications Privileged • No defamation liability if privilege applies • Absolute – Court proceedings – In legislative debate • Qualified – Private interest related to the statement • Public Figures: Intent (actual malice) must be Public proven to recover proven Invasion of Privacy Invasion • Tort here, invasion is by private party, Tort not the government not • Truth is not a defense Truth not • Appropriation – Vanna White case • Intrusion into private affairs • Public disclosure of private info Wrongful interference with contract contract • Tort to induce other to breach a contract • Usually must be a specific causal Usually connection connection • Predatory behavior by business Predatory generally generally Unintentional Torts = Unintentional Negligence • Unlimited situations • Usually involves accidental Usually carelessness that injures another carelessness • Can recover only if all 5 requirements Can are met are Palsgraff case; p. 109 Palsgraff • Railroad conductor helped passenger Railroad onto departing train onto • Violated a work rule in doing so • Caused passenger to drop package Caused wrapped in newspaper wrapped • Fireworks in package exploded • Scales in a distant part of the station fell Scales onto Ms. Palsgraff onto Palsgraff Issues Palsgraff • • • Who would Ms. Palsgraff sue? Who engaged in “bad” conduct? Why did RR have rule against helping Why passengers onto trains once they started moving? started • What should conductor consider before What doing so? doing Negligence Elements Negligence • • • • Duty Breach of that duty Injury Actual Causation – “but for” test – Would it have happened anyway? • Proximate Causation – Foreseeability Defenses Defenses • Defendant wins if can prove defense Defendant even if plaintiff has proven the 5 elements elements • Assumption of risk • Superseding cause or event Other defenses Other • Contributory negligence – All or nothing – Any plaintiff negligence eliminated ability to Any recover—harsh recover—harsh • Comparative – most state now use this – Plaintiff’s recovery reduced in proportion to Plaintiff’s plaintiff’s relative fault plaintiff’s Negligence issues Negligence • • • • • Res Ipsa Loquitur Negligence per se Danger invites rescue doctrine Good Samaritan laws Dram Shop Acts Strict Liability Strict • Liability without fault • Even if very careful, still responsible for Even injuries injuries • 3 circumstances – Wild animals – Use of explosives – Product liability (will study in later chapter) Online Defamation Online • ISPs and commercial websites • Liable for content of postings by Liable members? members? • Generally not; courts tend to find that Generally there is no liability there ...
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