UNIT 2 TORT LAW. wrong committed by from the French word meaning. Someone has suffered an personal injury through 1) ; 2) ; 3).

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1 UNIT 2 TORT LAW 1 OBJECTIVE: DIFFERENTIATE BETWEEN CRIMES AND TORTS AND DEVELOP A STUDENT UNDERSTANDING OF NEGLIGENCE. NBEA STANDARD I: DIFFERENTIATE BETWEEN CLASSIFICATIONS OF PROCEDURAL LAW, AND DIFFERENT CLASSIFICATIONS OF SUBSTANTIVE LAW. Tort wrong committed by from the French word meaning. Someone has suffered an personal injury through 1) ; 2) ; 3). Five areas of tort law 1) ; 2) ; 3) ; 4) 5). Intentional Tort Take the victim as you find them Negligence Strict Liability Intentional Tort: 1) Must prove to someone OR 2) person (tortfester) knew with what they were doing would harm someone. 1) Did your actions make the condition? 2) If so, you will be for almost of the consequences. Unintentional Tort--. Failure to under the circumstances so that a to the other person is created resulting in an to the. Unintentional Tort--Injury caused by individual s participation in. True Legal Accident situation. Accident s happen. Battery Assault False Imprisonment. Gist word:. Gist word --key word. Every tort has a gist word. Gist word--. Gist word:. Example:. Elements of False Imprisonment To claim false imprisonment: 1) Is there 2) Is there of the ; 3) Is there of escape.

2 Infliction of Mental Distress and conduct or causing or suffering to others. Charge: infliction of. Gist words: Trespass to Property injury or onto another s. Gist word:. 2 Trespass to Chattel Conversion Defenses to Intentional Tort Nuisance Invasion of Right to Privacy interference with. Definition of Chattel: Unauthorized or of personal property of another for the of the taker. - permission right to defend self with as much force as used against you. knowing circumstances, come to another s aid defense of what is yours for the greater good damage to save one s self Anything that with of or. which includes: 1) appropriation or of one s personality; 2) of affair with which the public has legitimate concern; 3) intrusion into one s activities which would be highly offensive to a. Defenses to Right to 1) of right to privacy; Privacy 2) - invasion of privacy granted to this is also called invasion; 3) privilege granted to. Fraud Defamation of Character. act of by making. Types of defamation 1) - spoken word; 2) written words or pictures or broadcast over radio or TV. Requirements for: defamation 1) Plaintiff must show that the defendant a about 2) Plaintiff must show that the statement was or to party; 3) Plaintiff must show that the was about the and that the party receiving the communication could identify the plaintiff as the subject of the defamatory message.

3 Defenses to Defamation 3 4) Plaintiff must show communication plaintiff s. ***WHAT IS THE STATUTE OF LIMITATIONS IN OHIO FOR FILING DEFAMATION SUIT? 1) to say what was said; 2) in what was said 3) or to say what was said. Difference between public and private 1) Must show for the public person DEFINE ACTUAL MALICE: 2) Statements made it was false with for its falsity. Examples of public persons: Must show more damage to their reputation than person to win suit. Example of private person:. Innocent Construction If a statement is reasonably susceptible to both a defamatory and an innocent Rule meaning, the innocent meaning is to be adopted as a matter of law. Negligence Negligence 4-step model Analysis of Duty Requirement Children with negligence Professionals Common Carriers to exercise care under the circumstances so that a risk to another person is created resulting in an injury to plaintiff. 1)? Duty not to hurt a person 2)? Broken rule 3)? Point the finger 4)? How responsible are you? Gist word: --act that produces an effect Must be to a plaintiff. Was there a? Reasonable Person Standard--Provided standard of care under circumstances. Horrendous circumstances--having to choose who will live or die. 1) Children under are incapable of negligence; 2) Children over - compare with similar attributes. Doctors judged by doctor in community; specialists judged by standards. Bus and Innkeeper-- negligence makes them. Guest Statutes Non-paying guests must show complete disregard for safety. ex: You accept a ride from someone, they offer you alcohol and they are drinking and driving.

4 Analysis of Causation Requirements Actual Causation--but for the conduct, would the injury have occurred? 4 Proximate Causation (Legal Causation) --- trier of fact can let a defendant off, whose actually the injury based on a lack of. Negligence of Owners and Occupiers of Land - no basic duty of care. - give adequate warning. - responsible for concealed damages - responsible for concealed danger and duty Strict Liability amount of care will risk and if someone is. ex: OUTRAGEOUS LAWSUIT: In October, 2000, a Knoxville (Tenn.) woman sued McDonald's, seeking $110,000 in damages, claiming she was disfigured by a scalding pickle that fell from her hamburger. She claimed that the pickle was unreasonably dangerous. The woman's husband also sued, for $15,000, claiming he had been deprived of his wife's companionship during the ordeal. What happened? A. The couple won their case, just like that lady with the coffee in her lap B. The judge tossed couple out of court after upbraiding them for frivolous lawsuit C. McDonald's settled to avoid a lengthy trial D. None of the above

5 Contributory Negligence Comparative Negligence Assumption of Risk Last Clear Chance Doctrine Defenses to Negligence parties to injury, collects recovery reduced by of own negligence (if at fault, collect damages. risk of getting so should not collect. Chance to accident and don t. 5

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