Tenzin Wangchuk CHAPTER 6 OUTLINE (Elements of Torts) Bus Law 285

Torts and the Legal System a tort is a civil wrong. It is a breach of duty owed to another that causes harm. Its classified as: negligently, intentionally or without fault (strict liability) Business Torts-.occurs when a person is: . A person is harmed by the actions of a business or its employees. . Product of the company causes an injury . A business is harmed by another person or business. 1) Negligence based Torts- unintentional but legally careless conduct.4 elements are: . Defendant owed Plaintiff a reasonable duty of care . Defendant breached that duty . There was a causal connection between breach and the injury . The plaintiff can prove actual damages ie- hospital bills, receipts for ambulance, loss of wages etc. A) Causation-a basic element in a tort of negligence. The relationship between one parties actions and the other parties injury. . Res Ispa Loquito r(the thing speaks for itself)- when a case is so obvious. . Cause in Fact- if something didnt happen, then what happened to you Wouldnt have happened. . Proximate Cause method- limits liability to consequences that bear a reasonable relationship to the negligent conduct. It includes the forseeability of the event, the intervening factor, and the superseding factor. B) Defenses to a negligence action . Assumption of risk-a plaintiff may not recover for injuries or damages that result from an activity in which the plaintiff willingly participated knowing the risks involved. . Comparative Negligence- damages are reduced by the percentage of the injuries caused by the plaintiffs own negligence. 2) Intentional Torts- where a tort was committed with the intention of causing damage or harm. The 3 prima facies of intent are: . Defendant knew what they were doing was wrong.

. Knew or should have known the consequences of the act. . Defendant knew the likelihood of the results of their act. A)Assault- defendants act placed the plaintiff in fear or apprehension of immediate bodily harm. Actual contact is not needed. B) Battery- defendants act caused an intentional, offensive contact without consent ex: sexual harassment. Everything on you (purse, bad, umbrella, cane etc) becomes a extension of your body. C) False Imprisonment-intentional holding of a person against their will. D) Defenses to a intentional tort. Consent- if the injured party gave consent to the defendant to interfere with a personal right. . Privilege- an act done to further an interest of social importance. . Self defense and defense of others and property- force allowed in lieu of situation. Infliction of Emotional Distress- conduct that is so outrageous that it causes severe mental and emotional distress in another person. Ex- bill collectors calling and threatening every few minutes. Invasion of Privacy- . Unauthorized use of someones name/likeliness . False light invasion (printing of false stories) . Public exposure of private facts (criminal records, debts) . Intrusion into persons solitude (phone tapping, breaking in) Defamation- intentional false communication that injures a persons reputation or good name. If spoken its Slander, if its a picture, written, broadcast its a Libel. . Making a false or defamatory statement about a person. . Publishing or communicating the statement to a third person . Causing harm to the person about whom the statement was made. Defenses- truth and 3 privileges ( absolute, conditional and constitutional) . absolute- immunity applied when complete freedom of speech is Favored by public policy (state legislators, gov. execs) . conditional- when false statement was published in good faith . constitutional- protects members of press who publish opinion based material about public officials and figures.