Unit 1 Chapter 6 Torts

1. Unit 1 Chapter 6 Torts What are Torts? How are they different than crimes? Offense against society vs individual

2. Elements of a Tort • Duty: a legal obligation owed another to do or not do something. • Breach: a violation of the duty. • Injury: a harm that is recognized by the law. • Causation: proof that the breach caused the injury.

3. Duty • The duty not to injure another; this includes bodily injury, injury to someone’s reputation, or invasion of someone’s privacy. • The duty no to interfere with the property rights of others, for example, trespass. • The duty not to interfere with the economic rights of others, such as the right to contract.

4. Violation of Duty • A breach, or violation of the duty, must be proved before the injured party can collect damages. Whether there has been a breach of a tort duty is almost always a question of fact for a jury to decide.

5. Injury • Generally, injury resulting from breach of duty must be proved. If you act recklessly and no one is injured. There is no tort. Yeow!

6. Causation • Causation is simply the idea that breach of duty caused the injury. • Proximate cause-causation is great enough for it to be recognized by the law. • Proximate cause exists when it is reasonably foreseeable that a breach will result in an injury

7. Assault---Threat to injure Battery---harmful or offensive touching False imprisonment---depriving freedom of movement without consent and without privilege Defamation-false statement about product or individual-DisparagementSlanderLibelRequirements--- False Communicated to 3rd party Bring contempt, ridicule,disrepute Intentional Torts

8. Invasion of Privacy-personal and fundamental right protected by constitution Trespass-entry onto realty of another without permission. Conversion-depriving of property. Interference with contractual relations-encourage to breach. Fraud-intentional misrepresentation of a material fact-relied on and causes injury. Intentional Torts Continued

9. Negligence Most common tortIntent not required • Duty-reasonable man standard(prudent).Degree of care varies-under 7 are presumed incapable of negligence, professionals are held to higher level of care, • Breach of duty-apply reasonable man standard. • Violation of duty is cause of injury.

10. Defenses to Negligence • Concept: • Contributory vs Comparative negligence as a defense • Assumption of the risk-you know of the risk however, you take it anyway

11. Strict(Product) Liability • Responsible on an absolute basis. • Dangerous activities you are liable. • Producers are liable for their products. • Without this concept it would be difficult to prove negligence.

12. Damages • Monetary Damages • Specific Performance • Exemplary or Punitive Damages

13. The origin of the word Oyez is Middle English, from Anglo-Norman, hear ye, imperative plural of oyer, to hear. from Latin audire. The history of OYEZ is illuminating. "Hearing the cry 'Oyez, oyez, oyez' in a courtroom may have puzzled more than one auditor, especially if pronounced 'o yes.' This cry serves to remind us that up until the 18th century, speaking English in a British court of law was not required and that one could use Law French, a form of French that evolved after the Norman Conquest, when Anglo-Norman became the language of the official class in England. Oyez descends from the Anglo-Norman oyez, the plural imperative of oyer, 'to hear'; thus oyez means 'hear ye' and was used as a call for silence and attention. Although it would have been much heard in Medieval England, it is first recorded as an English word fairly late in the Middle English period, in a work composed around 1425." SOURCE: American Heritage Dictionary of the English Language

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