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LEB unit 2 - Torts Basics Contract law 1 spells out nature...

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Torts Basics: Contract law: 1) spells out nature of rights and duties springing from private agreements between individuals; 2) in event one party fails to live up to these duties, compensate innocent party for loss resulting from breach o Definitions: states set out other wrongs besides just criminal and contract; permitted injured persons to bring civil action; acts recognized as “wrongs” under these rules became known as torts o Basis : TORT: “any non-contractual civil wrong committed upon the person or property of another”; “any wrong excluding breaches of contract and crimes”. Interest and duty: plaintiff has interest (that was breached), defendant has duty (that was breached) o Breadth: law of torts incredibly broad and pervasive Negligence (or negligent torts): breach of duty = when defendant fails to exercise same care as “reasonable person under similar circumstances” would have. Can be strict because of jury’s tendency to use 20/20 hindsight. Negligence per se: in some cases, conduct measured in accordance with legislatively imposed standards o Elements: 1. D owed P a duty of care, 2. D breached that duty of care. 3. D’s breach proximately caused injury. 4. P suffered injury. DUTY: we each owe a duty to every person who we can REASONABLY FORSEE might be injured by out carelessness o Defenses: 1. Comparative fault. 2. Statute of limitations (generally 2 yrs, w/ exceptions) 3. No fault systems (ex: insurance handles car accidents; workers comp.) Intentional torts o Assault & battery: similar torts, may be tried together; battery: unwanted contact; assault: threat/fear of imminent battery. Battery= physical, Assault= mental; A&B also constitute crimes Elements: P must prove: 1. Affirmative conduct, 2. Intent, 3. injury Defenses: 2 primary defenses (besides SOL): 1. Consent, 2. Self-defense o Defamation: interest in preserving our good reputation in the community.
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