BUSINESS LAW Chapter 4 PowerPoint Notes & Assignment The Law of Torts

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1 SECTION 4.1 Intentional Torts BUSINESS LAW Chapter 4 PowerPoint Notes & Assignment The Law of Torts The Difference Between Criminal Law and Tort Law A ** is an act against not only a specific individual, but the general welfare, as well. A ** is a private wrong committed by one person against another. A tort will lead the wronged party to try and recover as compensation for the loss or injury suffered. A tort does not, however, call upon the to punish the wrongdoer. The Concept of Rights The law of torts is grounded in the concept of. Under tort law people are entitled to certain rights. These include the right to: be free from bodily. enjoy a reputation conduct without unwarranted interference right to own property free from or trespass The law imposes a on all of us to respect the rights of others. Tort law this interplay between rights and duties. Intentional Torts Torts can be committed either or unintentionally. An ** occurs when a person knows and desires the consequences of his or her act. Assault and Battery The tort of assault occurs when one person deliberately leads another person to believe that he or she is about to be. The tort of battery involves the, unprivileged touching of another person. The of assault is different from the crime of assault. The victim of a tort assault must that the tortfeasor meant to commit harm. A ** is the person who committed the tort. Trespass A ** is the wrongful damage to or interference with the property of another.

2 Nuisance The tort of ** is anything that interferes with the enjoyment of life or property. False Imprisonment Law enforcement officers must have probable cause or a warrant to arrest someone, or they can be sued for **, or false arrest. Defamation ** is the wrongful act of injuring another s reputation by making false statements. is a false statement in written form. is a false statement made orally to a third party. Invasion of Privacy ** is interfering with a person s right to be left alone, which includes the right to be free from unwanted publicity and interference with private matters. SECTION NEGLIGENCE AND STRICT LIABILITY Unintentional Torts A person can commit an unintentional tort, when he or she acts in a manner that results in an injury to a person, damage to property, or. Negligence and strict liability are torts. ** is an accidental or unintentional tort resulting because of the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances. ** is the doctrine that states that people engaged in ultrahazardous activities will be held liable, regardless of how careful they were and regardless of their intent. Negligence is an or unintentional tort. is the tort that often occurs in society today. Elements of Negligence of care breach of proximate harm

3 Duty of Care All of us have a duty to violate certain rights of others. The plaintiff must demonstrate that the defendant him or her duty of care. Breach of Duty ** is the failure to use the degree of care that a reasonable person would exercise in that same situation. The words reasonable person must be used when instructing the. Proximate Cause ** is the legal connection between unreasonable conduct and the resulting harm. Without proximate cause, the result would have occurred. Courts apply the test to determine proximate cause. Was the injury to the plaintiff foreseeable at the time that the defendant engaged in the unreasonable conduct? Actual Harm The essence of any tort suit is a violation of a duty that results in to the plaintiff. The plaintiff must have actually physical injury, property damage, or financial loss. Defenses to Negligence negligence comparative negligence assumption of Contributory Negligence Behavior by the plaintiff that helps cause his or her injuries may be considered **. Many states no longer follow this doctrine plaintiff may have been only negligent. Comparative Negligence The negligence of each party is compared under the doctrine of **, and the amount of the plaintiff s recovery is reduced by the percent of his or her negligence.

4 Assumption of Risk If the defendant can show the plaintiff knew of the risk involved and still took the chance of being injured, he or she may claim **. Strict Liability Some activities are so that the law will apply neither the principles of negligence nor the rules of intentional torts to them. According to strict liability, if these activities injure someone or damage property, the people engaged in the activities will be held, regardless of how careful they were and regardless of their intent. Ultrahazardous Activities Explosives Keeping animals high flammable liquids in densely populated areas Defects in products is liable

5 Chapter 4 Assignment The Law of Torts Section 4.1 True/False Indicate whether each of the following statements is True or False. Write out the word. 1. A tort is a wrong against an individual. 2. Tort lawsuits are brought by the state in order to punish wrongdoers. 3. Sometimes a wrong can be both a tort and a crime. 4. An assault and a battery are always committed together. 5. Under the law, all people are entitled to certain rights. 6. A public nuisance is one that affects a large group of people. 7. Libel is a false statement that is made orally to a third party. 8. You have the right to know what records are being kept about you. 9. Determining what is reasonable can be difficult when arresting a person. 10. The tort of trespass refers most commonly to movable items. Section 4.1 You re the Judge For each of the following cases, indicate your decision (Yes, No). Then, in your own words, state the ethical or legal principle or reason that applies in the case. 1. Mark Butterfield pointed a gun at Judy Tate and said to her, I hate you and I m going to shoot you! Tate left. Butterfield claims that he did not commit a tort because he did not shoot Tate. Is he correct? Explain. 2. Edmund Mann entered a vacant house without the permission of the owner. The house was owned by Donald Subich. Mann was caught by Subich who claimed he had the right to bring a lawsuit against Mann for trespass. Mann argues that there was not trespass, because there was no injury to Subich s property. Is Mann correct? Explain. Section 4.1 Assessment Questions On your own paper, write or type your answers to Assessment questions 1-4 page 87. Keep it for your Unit packet.

6 Section 4.2 True/False Indicate whether each of the following statements is True or False. 1. Negligence and strict liability are unintentional torts. 2. The tort that most commonly occurs in society is strict liability. 3. All of us have a duty not to violate certain rights of others. 4. A successful tort case must establish a proof of actual harm. 5. A wrongful act that injures another s reputation by making false statements is called invasion of privacy. 6. A violation of a person s right to be left alone is known as defamation. Section 4.2 You re the Judge For each of the following cases, indicate your decision (Yes, No). Then, in your own words, state the ethical or legal principle or reason that applies in the case. 1. Peter Kiezulas negligently drove his speed boat into a group of swimmers. The swimmers, however, were in a place that they were not supposed to be. The jury found that Kiezulas was negligent and assessed damages at $50,000. However, it also found that the swimmers were 20 percent negligent in contributing to their own injuries. Under comparative negligence guidelines, do the swimmers recover any of the damages awarded by the court? Explain. 2. Jacob Burningham wanted to remove some tree stumps on his property. He was careful in setting the explosive charges. Nevertheless, some of the debris from the explosion damaged Harry Mitchell s car. Will Burningham have to reimburse Mitchell for the damages? Section 4.2 Assessment Questions On your own paper, write or type your answers to Assessment questions 1-4 page 93. Keep it for your Unit packet. Unit 2 Extra Credit On your own paper, write or type your answers to The Law Review questions: page 75, 5-13; and page 95, Keep it for your Unit packet.