Torts

Concerns lawsuits (not prosecutions). Arise

from injuries committed by 1 person, group,
or organization against another or others.
Can be intentional or not. Can be purposeful
or negligent
Purpose Behind Tort Law:
Peaceful means for adjusting the rights of
parties
deter wrongful conduct
Restore injure parties
encourage socially responsible behavior

Types of Torts
Intentional
Accidental
Recklessness
Negligence
Strict Liability
Nuisance

Intentional Torts
Intentional torts: An act committed by a person that either desires to cause a
harm (specific intent) or has knowledge of a substantial certainty (general intent)
that a harm will result, and the harm is caused.
4 Kinds:
Torts against the person: harm or restrict the person
battery (completed act),
assault (in fear of potential battery),
false imprisonment,
intentional infliction of emotional distress (IIED)
Property torts: intentional interference with persons property rights
Trespass to land real property
Trespass to chattels (personal property) minor interference,
Conversion (serious version of T/C) take it or destroy it
Dignitary torts: do not cause tangible injury to a person property BUT do cause intangible
harm to reputation
Defamation, Slander and libel, Misappropriation of publicity, Invasion of privacy, Disclosure
Economic torts: C/L fraud and tortious interference with contractual or business relationships

Negligence
Failure to exercise duty of care owed to others
which a reasonably prudent person would do in
the same or similar circumstances either though
ones action or inaction.
Duty: D owes a duty of care to P
Breach: D breaches that duty by acting or failing to act
in certain way
Causation: breach must be cause of Ps loss or
damage
Damages: it must be fair and reasonable to order D to
compensate P

Strict Liability
strict liability: automatic responsibility for
damages due to possession and/or use of
equipment, materials or possessions which are
inherently dangerous, such as explosives, wild
animals, poisonous snakes, weapons, radioactive
materials.
S/L is often the rule in certain product liability cases
Underlying theory is that only such liability can force
manufacturers to always pursue the safest possible
design
Nuisance
Nuisance: the unreasonable, unwarranted
and/or unlawful use of property, which causes
inconvenience or damage to others, either to
individuals and/or to the general public.
Examples: smells, noise, signs, illegal gambling,

Battery
P must show that D:
1. acts volitionally
2. w/ intent to cause a
a. harmful OR
b. offensive contact w/ another person or a 3
rd
person, OR
c. an imminent apprehension of such a contact
AND
3. Harmful contact w/ the other person
a. directly OR
b. indirectly results
4. W.o consent or lacking privilege (jurisdictional)
Battery
P must show that D acts volitionally w/ intent to cause a harmful or offensive contact w/ another person, or an imminent
apprehension of such a contact, and harmful contact w/ the other person directly or indirectly results w/o consent or lacking
privilege (jurisdictional)

Rule for Liability in Battery: