Documente Academic
Documente Profesional
Documente Cultură
PRESENTED BY:
Shahrukh Nasir
Tehseen Qaiser
Albaalah Waqar
FA13-BCS-167
FA13-BCS-009
FA13-BCS-227
Asfand Sajid
Muhammad Hamza
Noor Bin Khalid
FA13-BCS-007
FA13-BCS-004
FA13-BCS-049
WHAT IS TORT ?
The word tort comes from the Latin term torquere, which
means "twisted or wrong."
DEFENSES TO INTENTIONAL
INTERFERENCE WITH PERSONS
When a plaintiff accuses a defendant of an intentional tort, it is
the defendant's responsibility to identify any justifications for his
actions that may excuse him from liability.
CONTINUED
They need to conclude on whether the defendant had consent,
permission by the plaintiff, or whether the plaintiff was defending
himself, his property, or another person.
INTENTIONAL TORTS
Example 1: During Plaintiff Mullins surgery, a medical
student performed an intubation that lacerated Mullins
esophagus, requiring additional surgery and recovery time.
Mullins had not consented to student involvement in her
surgery. She sued for it.
INTENTIONAL TORTS
Example 2: Five year old Brian Dailey (D) pulled a chair out
from under Ruth Garratt just as she was about to sit causing
her to fall and break her hip. Garratt brought suit for personal
injuries and alleged that Dailey had acted deliberately. The
trial court entered judgment for Dailey and found that he had
not intended to injure Garratt. The court nevertheless made a
finding of $11,000 in damages in case the judgment was
overturned on appeal. Dailey appealed. Note: A minor is
liable just as any other person when he has committed an
intentional tort with force.
CYBER TORTS
Cyber Torts are simply the torts done over cyberspace
(Computer Networks,Internet etc.)
Cyber torts are very important because they are on the rise and
are crimes that can have serious effects on society.
TYPES OF CYBER
TORTS
Online Defamation: An online message attacking another
person or entity in harsh, often personal, and possibly
defamatory, terms. Online defamation is difficult to combat
because:
(1) The Communications Decency Act of 1996 absolves
Internet service providers (ISPs) from liability for
disseminating defamatory material; and
TYPES OF CYBER
TORTS
Spam: Bulk, unsolicited e-mail or newsgroup postings
usually an advertisement for the spammers product or
service sent to all users on an e-mailing list or newsgroup.
NEGLIGENCE: STANDARD
OF CONDUCT
There are certain elements that are required to prove that a
defendant acted negligently.
NEGLIGENCE: STANDARD
OF CONDUCT
This portrays that a plaintiff must prove his injuries, and prove
that they were caused by the defendant.
This proximate cause is the link between the defendant's
actions and the plaintiff's injuries.
There is a statute of limitations in negligence cases, however,
there are several rules, such as discovery and continuing
negligence
which may excuse a plaintiff from the statute of limitations.
NEGLIGENCE PROOF
The necessity for a negligence case to be tried in a court of law
is essential and evident.
Tort law, like any other law, is tough to decide upon when an
enforcement or violation issue arises, and is furthermore tedious.
CONTINUED
The burden of proof a plaintiff faces in a case, relates to four
elements of proof that must exist in order for them to be able to
prove that a negligent act not only existed
But the fact that the act by a defendant, led to the injury
sustained by the plaintiff.
NEGLIGENCE
Example 1: Tarasoff v. Regents of the University of
California, 551 P.2d 334 (Cal. 1976): A case in which a patient
told his psychiatrist that he had thoughts of killing a girl.
Later he did kill the girl. A leading case in defining the
standard of the duty of care, and the duty to warn.
STRICT LIABILITY
The basic structure that encompasses that of strict liability is the
fact that liability is maintained despite any intent otherwise.
In this way, it matters only that the action was performed to its
fruition and an eventual injury of another.
CONTINUED
In cases such as these, consumers must only prove that their
injuries stemmed directly from the product in question in order to
garner an appropriate judgment from the court.
DAMAGES
A remedy in the form of monetary compensation to the
harmed party