tort law pt 1 - CLASS 12: TORTS- INTENTIONAL TORTS CLASS...

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CLASS 12: TORTS— INTENTIONAL TORTS
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1. Overview 2. Damages 3. Persons Liable for Torts 4. Four General Types of Intentional Torts 5. Assault 6. Battery 7. False Imprisonment 8. Intentional Infliction of Emotional Distress 9. Trespass to Land 10.Trespass to Chattels 11.Conversion 12.Nuisance 13.Injurious Falsehood/Disparagement 14.Interference with Contracts 15.Interference with Prospective Advantage 16.Defamation (Libel and Slander) 17.Invasion of Privacy 18.Review Questions Chapter 7 2 CLASS 12: TORTS— INTENTIONAL TORTS
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What is a tort? A tort is a wrongful act committed by one person against another person or his or her property – the breach of a legal duty imposed by law other than by contract. The purpose of tort law is to compensate Plaintiffs for their losses. Types of Tort Liability: Intentional Torts – Based upon the premise that in a civilized society one person should not intentionally injure another or his or her property, and all persons should exercise reasonable care and caution in the conduct of their affairs. Negligence – (Failure to do that which an ordinary, reasonable, prudent person would do, or the doing of some act that an ordinary, prudent person would not do). “The unreasonable running of a foreseeable risk.” Requires fault on the part of the Defendant; for simple negligence, the injured person(s) are entitled to damages to make the party whole. ( Restitutio In Integrum) Strict Liability – Doctrine under which a party may be required to respond in tort damages, without regard to that party’s fault. Examples: Absolute Liability and Products Liability (products “defective and unreasonably dangerous”). Chapter 7 3 TORTS: AN OVERVIEW
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Compensatory Damages: A sum of money the court imposes on a defendant as compensation for the plaintiff because the defendant has injured the plaintiff by breach of a legal duty. Compensatory damages can be economic or non-economic. Economic Compensatory Damages: Damages which are easily calculated (medical expenses, past, present and future lost wages, loss of earning capacity, property damage). Non-Economic Compensatory Damages: Damages for “pain and suffering.” Punitive Damages (Exemplary Damages): Damages imposed to punish defendants for committing intentional torts and in some states, in negligence if the defendant’s conduct is “grossly negligent” (dangerous negligent conduct) or actions are “willful and wanton” and consciously disregard the interests of others. Chapter 7 4 TORTS: DAMAGES
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Rule: Every person legally responsible is liable for his/her own torts. Joint and Several Liability: Present where two or more persons jointly commit a tort. Each person responsible may be held responsible for all damages. This rule has been highly criticized and many states have enacted comparative fault and abolished joint and several liability. For example, under joint and several liability, Defendant A may be 99 percent at fault and
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This note was uploaded on 03/19/2012 for the course BUL 3310 taught by Professor Staff during the Spring '12 term at Florida State College.

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tort law pt 1 - CLASS 12: TORTS- INTENTIONAL TORTS CLASS...

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