BLS Exam 2- Notes

BLS Exam 2- Notes - Tort (Definition): A civil wrong giving...

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Tort (Definition): A civil wrong giving the injured party the right to bring a lawsuit against the wrongdoer to recover compensation for the injuries. -Tort can Involves people who have been in a car accidence or even had inpestious cancer, car dealer sells you a bad car…Part of the PRIVATE LAW -Governments involvement is providing the court and methods to enforce the judgment Government is not involved in anything else Goals of Tort Law Compensate innocent injured persons Prevents private retaliation by injured parties- If someone beat your car, then don’t go do it back Reinforce vision of a just society Deter future wrongs It is there to compensate persons who have sustained a harm or loss from others conduct Place that cost of compensate to those who should bear it Classification of torts Intentional Torts -occur when defendant takes action intending that certain consequences will result or knowing that they are likely to result o Can be assault or battery… If you swing and TRY to hit someone that you did not intend to hit then it still counts because it was “a transferred intent” o Transferred intent- where there is intent to cause harm to one person that results in causing harm to another o GUY was Driving his car straight ata man and a women and his intent was to scare the man….THIS IS CALLED AN ASSULT. The man is not looking but the women only sees the car coming and she feels an emotional injury…and THIS IS TRANSFERRED INTENT o Torts (against persons) Assault - giving the mental impression that at offensive or harmful body context is about to occur, the assult is the action that proceeds the battery… ie if you are swinging a bat at a person (before you hit him) then you have assaulted him…not battery until you hit him If you come up behind someone and they don’t see you, but someone else sees you, then it is transferred intent So you can have a battery but not an assault, because the person never saw you coming Battery – A harmful or offensive touching of another i.e hitting someone with a bat, shot them with a gun (even if you use a devise to harm them), doesn’t matter how much. .Just so it is harmful or offensive. Another example: if you even pat someone on the shoulder then it can be a battery (harmful or inappropriate) Defamation Has been around for 2000 years, wrongfulling saying bad things about people. Must stand for account in any damages that you cause by that defamation.
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Libel- Written or more formal defamation damages are presumed (so you don’t have to prove that it affected you because it is assumed) Slander- An oral and verbal statement that is wrongful about someone else. but with slander you have to be able to prove that these statements did you damage 1. The plaintiff must put on evidence that a falsehood was stated 2. The stated falsehood then must be published (communicating a third person) - private conversations btw two individuals does
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This document was uploaded on 10/26/2011 for the course BLS 342 at Miami University.

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BLS Exam 2- Notes - Tort (Definition): A civil wrong giving...

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