defenses to negligent cases ppt

defenses to negligent cases ppt - Defenses to Negligence...

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Unformatted text preview: Defenses to Negligence Cases: 1. Act of God 2. Superseding Causation 3. Assumption of risk 4. Comparative negligence 5. Contributory negligence Some Defenses to Break the Chain of Causation or otherwise prevent or reduce liability Act of God Comparative/Contributory Negligence Assumption of Risk Another Student Lost in a CH301 Thundercloud! Intentional Torts A tort is a civil wrong resulting in harm to persons or property. To prove a tort, a plaintiff must prove: Actual or Implied Intent The defendant acted voluntarily Causation and Harm Types of Intentional Torts: 1. Interference with property 2. Interference with person 3. Interference with business relations 4. Fraud Interference with Property 1. Conversion 2. Trespass Issues related to the Defendants Land Ownership Two possible tort claims: 1.Premises Liability 2.Inadequate or Negligent Security Cases (poor or non-existent measures to prevent crimes) Interference with the Person Torts: 1. Assault 2. Battery 3. False arrest 4. False imprisonment Intentional infliction of mental or emotional stress It only covers extreme, outrageous behavior, with physical manifestations of real harm One can win punitive damages This tort claim is rarely asserted Emotional Distress covers: 1. Human suffering 2. Fright and shock at the time of an accident 3. Humiliation due to disfigurement or disability 4. Unhappiness and depression over not being able to return to the activities of ones prior life 5. Anxiety about the future; and anger over the vicissitudes of life Close-to-defunct Torts 1. Criminal conversation 2. Alienation of affections Pushing the Envelope Malparenting Example Invasion of Privacy DEFAMATION Defamation is either slander or libel it is a tort against a persons honor or good name SLANDER Slander is purely oral LIBEL Libel is written or otherwise recorded The Elements of defamation are:...
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defenses to negligent cases ppt - Defenses to Negligence...

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