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| means "wrong." Legally, a tort is a civil wrong other than a breach of contract. Tort involves compensation when others injure our property or our body. |
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| involve injuries to particular persons, while crimes are regarded as wrongs to all society. Crimes can be prosecuted by the state and/or by the federal government (prosecutors). Criminal law punishes wrongdoers, while the point of tort law is to "make whole" an injured party. |
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| Defined as the desire to bring about certain results. Can be even broader, including not only desired results but also results that are "substantially likely" to result from action. |
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| The placing of another in immediate apprehension for his or her physical safety. Apprehension has a broader meaning than fear - it includes the expectation that one is about to be physically injured. |
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| an illegal touching of another - illegally means that the touching is done without justification and without the consent of the person touched. |
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| Intentional infliction of emotional distress |
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| Is a battery to the emotions.Usually must prove that the defendant's outrageous behavior caused not only mental distress, but also physical symptoms such as headaches or sleeplessness. |
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| Any invasion of one of these areas is sufficient to trigger liability. Liability can be imposed on a defendant who appropriates the plaintiff's name or likeness for his or her own use. A second invasion of privacy is the defendant's intrusion upon the plaintiff's physical solitude. Illegal searches or invasions of homes or possessionsThe third invasion of privacy is the defendant's publication of information that puts another in a false light. The last invasion-of-privacy tort is the defendant's public disclosure of highly objectionable, private information about the plaintiff. The news media is protected under the First Amendment when it publishes information about public officials and other public figures. |
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| The intentional unjustified confinement of a non-consenting person. Broadly, false imprisonment occurs when someone is intentionally confined against their will; that is, their freedom of movement is restricted. This might include being shut in a room, being bound, being threatened, and so on. |
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| To enter another's land without consent or to remain there after being asked to leave. Technically many people trespass every day. Today, we still find lawsuits for trespass to land in the oil and gas industry. The most common is where someone digs underground to reach the neighboring property and removes oil for profit. |
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| Trespass to Personal Property |
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| Intentional interference with the right to enjoy one's personal property. A movie star sues a person who files his helicopter too close to the star's home and takes the star's picture without permission. Another example is hiding a student's textbook from him or her. Nuisance is the situation where enjoyment of one's land is impaired because of some tortious interference. That interference often takes the form of light, noise, smell, or vibration. The most popular nuisance case is the dog barking lawsuit. |
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| The wrongful and unlawful exercise of power and control over the personal property of another. Can be permanent or temporary, but it must constitute a serious invasion of the owner's rights. For example, taking someone's purse, car keys, boat, car, or other property is conversion. This is one of many torts that is both a crime and a tort. |
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| The publication of untrue statements about another. Slander: when the defamation is oral. Libel: written defamation or defamation published over radio or television. Two basic defenses: One defense is if the statements made were true: truth is an absolute defense. The second defense is if the statements arose from privileged communications - for example, if the statements were made by judges or attorneys in privileged situations. |
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| Fraudulent Misrepresentation |
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| "Fraud" is an intentional misrepresentation of a material fact that is justifiably relied upon by someone to his or her injury. The injury is usually a loss of money or property. Business frauds often involve the intentional misrepresentation of property or financial status. Currently, we are learning about years of fraud in numerous corporations' financial statements. |
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| If you consent, then you will have difficultly pursuing a tort claim. |
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| False imprisonment does not occur unless the detention was unreasonable and intentional. On the other hand, mistake can be a good defense, particularly in instances where events happen rapidly. |
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| In what we broadly label emergency situations, one may intentionally commit a tort yet be excused under the necessity defense, such as tying up to a dock when a storm suddenly appears on a lake, or breaking into a closed gas station to shut off the gas valve or to use the phone to call 911. |
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| This can be a defense only when a person is in fear of death or serious bodily harm to themselves or someone else. It is not a defense if someone is harming your property. |
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| Wrongful Interference with Contractual Relations |
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| An example of this is when one company raids another for employees or tells a competitor that the other company is about to go out of business, but that is untrue. requires proof of the following:A valid contract exists between parties X and Y; a third party, Z, knows that said contract exists; and Z intentionally causes X or Y to breach the contract |
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| Any formula, pattern, device, or compilation of information that is used in one's business that gives him an opportunity for advantage over those who do not have access to it. |
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| The second major area of tort liability. It is unreasonable behavior that causes injury. Four separate elements make up negligence |
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| This is a critical element. Without a duty to another person, one does not owe that person reasonable care |
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| Unreasonable Behavior - Breach of duty: |
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| The problem is how to separate reasonable behavior that causes accidental injury from unreasonable behavior that causes injury. The trend is for judges to allow juries to decide the standard of reasonable care. Willful and Wanton Negligence is a special type of aggravated negligence that shows an extreme lack of due care. Under this type of negligence, the injured plaintiff can recover punitive damages, as well as, actual damages |
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| Causation in Fact/Plaintiff Suffered a Legally Recognizable Injury |
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| In a negligence suit, the plaintiff must prove that the defendant actually caused the injury. Courts leave questions of causation, in fact, almost entirely to juries. |
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| Defendant's Breach Caused the Plaintiff's Injury |
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| Proximate Causation: In addition to proving that the defendant caused an injury in fact, the plaintiff must also establish proximate cause or legal cause. Proximate cause represents the proposition that those engaged in activity are only legally liable for the foreseeable risk that they cause. Another application of proximate cause requires the injury to be caused directly by the defendant's negligence |
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| Contributory Negligence & Assumption of Risk |
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| Originally applied absolutely, it is barring the plaintiff from recovery if the plaintiff's own fault contributed to the injury in any degree. The trend today is to offset that rule with the doctrine of comparative responsibility, which compares the plaintiff's fault with the defendant's and reduces the damage award proportionately. |
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| This defense arises from the plaintiff's knowingly and willingly undertaking an activity made dangerous by the negligence of another. |
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| The legal responsibility for injury-causing behavior that is neither intentional nor negligent. There are various types; all impose legal liability, regardless of the intent or fault of the defendant |
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| Any time an employee is liable for tortious acts in the scope of employment, the employer is also liable. An employer is just as liable as an employee when the employee acts tortuously in carrying out the work. Usually, the only defense is if the employee was outside the scope of the employment. In Louisiana, a Dr. Pepper truck ran into a school bus killing four children. Dr. Pepper paid millions of dollars to settle the claims. If your employee causes a car accident, and he was working for you at the time, your company will be liable for the damages. |
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| Examples of ultrahazardous activity include transporting and using explosives and keeping dangerous wild animals. |
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| These impose a liability on tavern owners for third party injuries caused by their intoxicated patrons. |
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| Compensatory Damages & Punitive Damages |
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| meant to compensate the plaintiff for injuries suffered and include past and future medical expenses, past and future economic loss, and past and future pain and suffering. |
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| The key to the award of punitive damages is the defendant's motive, usually the motive must be malicious, fraudulent, or evil. By awarding punitive damages, courts or juries punish the defendants for committing intentional torts. |
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