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5-2 Intentional Torts, Negligence, and Strict Liability. GOALS Identify common intentional torts Recognize the elements of negligence Explain the basis for strict liability. Assault – to put in fear of offensive or harmful touching Battery – harmful or offensive touching

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5 2 intentional torts negligence and strict liability
5-2 Intentional Torts, Negligence, and Strict Liability
  • GOALS
    • Identify common intentional torts
    • Recognize the elements of negligence
    • Explain the basis for strict liability

Chapter 5

what are the most common intentional torts
Assault– to put in fear of offensive or harmful touching

Battery – harmful or offensive touching

False imprisonment - intentional confinement of a person against their will

Defamation – false statement that injures a person’s reputation or good name

Slander - spoken

Libel - written

Cyberlaw

email

bulletin boards

social media

Communications Decency Act 1996

Protection to service providers

Protection to board operators

Liable if:

Exercise editorial or full control of material posted or transmitted

Had knowledge of specific defamatory contents

WHAT ARE THE MOST COMMON INTENTIONAL TORTS?

Chapter 5

what are the most common intentional torts1
Invasion of privacy – uninvited intrusion into an individual’s personal relationships and activities in a way likely to cause shame or mental suffering

Public figures – give up a lot of rights to when entering public domain

Non-public figures – U.S. allows collection of data that can be sold

True or untrue statement in a publication could possible be an invasion

Intentional infliction of emotional distress –

Intentional reckless act by the defendant

Act is outrageous or extreme

Act causes suffering of severe emotional distress

Trespass to land – entry onto the property of another without owner’s consent

WHAT ARE THE MOST COMMON INTENTIONAL TORTS?

Chapter 5

what are the most common intentional torts2
Conversion – act of stealing, destroying, or using another’s property

Thief is a converter

Buyer of stolen goods is also a converter

Interference with contractual relations – party that breaches a contract

Fraud – intentional or recklessly made misrepresentation of an exisiting important fact

WHAT ARE THE MOST COMMON INTENTIONAL TORTS?

Chapter 5

what s your verdict
What’s Your Verdict?

  

When Hart asked to borrow Angelique’s pick-up truck to move some of his furniture to his new apartment, she gave him permission on the condition that he only use it for that purpose and have it back to her by that evening. After he finished moving, however, Hart called a couple of his buddies, hitched his bass boat to the truck, and towed it to the lake. When Hart returned the truck late the next day, Angelique told him she was suing him.

Had Hart committed an intentional tort?

Because he intentionally utilized the pick-up truck for his own ends after moving, thereby denying the owner of her use of itl

Chapter 5

negligence
NEGLIGENCE
  • Most common tort
  • No intent needed
  • 4 elements
    • Duty imposed by negligence
      • Reasonable person standard
      • Professionals/skilled tradespersons have higher degree of care
    • Breach of duty
    • Causation and injury
    • Defenses to negligence
      • Contributory negligence
      • Comparative negligence
      • Assumption of the risk

Chapter 5

what s your verdict1
What’s Your Verdict?

  

Britt was driving home late one rainy night after drinking alcohol all evening. With only one working headlight, she raced down residential streets at speeds up to 60 miles per hour. Meanwhile, Yee was slowly backing her station wagon out of her driveway, but she failed to look both ways when she should have. Britt rammed into the right rear end of Yee’s car. Both Yee and Britt were injured in the collision and their vehicles severely damaged.

Who will have to pay damages for the injuries and property damage sustained in the accident?

  • Reasonable person would drive car at safe speed, sober, and with working headlights.
  • Britt’s speed in unsafe vehicle, while impaired
  • Yee was contributory negligent because she didn’t look both ways

Chapter 5

why is strict liability necessary
WHY IS STRICT LIABILITY NECESSARY?
  • Engaging in abnormally dangerous activities
  • Owning dangerous animals
  • Selling unreasonably dangerous goods

Chapter 5

what s your verdict2
What’s Your Verdict?

  

While grocery shopping, Mrs. Lamm placed a large glass container of a new drain cleaner in her shopping cart. Later, when she set the container on the check-out counter, it exploded. The flying glass cut her in several places.

Can she collect in tort from the grocery store or the bottler?

Because the bottle was defective and the defect made the product unreasonably dangerous, Mrs. Lamm could collect from either the store, the bottler, or both under strict liability.

Chapter 5