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Chapter 9 Outline Torts

Chapter 9 Outline Torts - Chapter 9 Outline Torts I What Is...

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Chapter 9 Outline - Torts I. What Is a Tort? A. Latin Word Tortus ; Means "Crooked, Dubious, Twisted" B. Civil Wrong That Is an Interference with Someone's Person or Property Such That Injury Results C. Tort Versus Crime 1. Tort is a private wrong a. Injured party seeks remedy b. Recovers damages from the one who commits the tort 2. Crime is a public wrong a. Wrongdoer is prosecuted b. Pays fine to government or is jailed to pay debt to society D. Types of Torts 1. Intentional torts : those that involve deliberate action a. Done by parties committing intentional acts b. More than an accidental wrong Example: Striking someone with your fist when you intend to is an intentional tort; striking someone with your first in exercise class when you are working your arms is not 2. Tort of negligence a. Accidental harms that result from the failure to think through the consequences b. Still have liability but there are defenses Example: Running a red light is not an act undertaken with the intent of hurting someone but if someone is injured you are negligent for your failure to think things through 3. Strict tort liability a. Absolute standard of liability b. Used in product liability cases 4. Property torts a. Cause injury to someone's property b. Trespassing 5. Personal torts a. Cause injury to your person b. Defamation , battery 6. Negligence can cause personal and property damage II. The Intentional Torts A. Defamation: untrue statement made by 1 party to another about a 3 rd .
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1. Slander is oral or spoken defamation 2. Libel is written and, in some states, broadcast defamation (internet messages and blogs 3. Elements a. Statement about a business' or person’s reputation or honesty that is untrue b. Statement is directed at business and made with malice and intent to injure c. Publication - someone heard and understood the statement d. Damages - economic losses such as damage to
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Chapter 9 Outline Torts - Chapter 9 Outline Torts I What Is...

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