Legal Studies Notes:Law of Torts:-Introduction:oDefinition of Tort: Violation of a duty imposed by the civil law where the goal is to compensate the injured party. oAn attempt to hold people liable to their contracts. oTypes of Torts:Intentional TortsNegligenceStrict LiabilityCan not put on a defense. In LA, 3 things you are liable for no-matter what:oConstruction- pile driving.oDrunk DrivingIntentional Torts:Creatures of State LawAre type based and each is proved differently.Involve a conscious act and with intended consequences. Two Types:oAgainst Person-Assault: the reasonable fear of immediate harmful contact. oAgainst Property- Is the completion of the assault (ex. Physicalcontact). Ex. False imprisonment, assault, battery, defamation of character, slander, libel, -ABSOLUTE TRUTH:oIn the constitution, it is explicitly spelled out that in sessions of congressthere is no reprecussions that can result in what is said.
Legal Studies Chapter 13:-Negligence:oSpecial Negligence Doctrines:Re Ispa Loquitor:“The thing speaks for itself… the even wouldn’t have happened if it would not have happened without the negligence”. Defendant had exclusive control of the thing or act that caused that harm.The harm would not normally occur without negligence.The plaintiff had no role in causing the harm.Negligence Per Se:Negligent by legal definition- violation of a legal statute that results in a harm. A statute must clearly set out:oThe standard of conductoWhen/ where conduct is expectedoOf whom the conduct is expected. oEx. Texting and driving, speeding, drunk driving. Plaintiff must demonstrate that the statute is designed to prevent:oThe injury sufferedoThe plaintiff falls within the class of people the statute protects. Comparative negligence v. Contributory negligence:Contributory Negligence: A person is not allowed to sue if the person is only 1% at fault for their injury. oDon’t want to reward parties who contribute to theirown harm. oBeen removed by almost every state in the country.Comparative Negligence:oYou have to have duty, breach of duty, and causation. oMust show proximate cause and breach of duty.o(Must show they’re connected). oTotal award / % at fault = Total AwardoDefense to Negligence:Superseding or intervening forceContributory negligenceBars ClaimoLast clear chance exceptionComparitive Negligence:
oApply the contributory negligence percentage to reduce compensationModified comparative negligence