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| vehicle through which both claims for compensation by victims and demands for punitive damages are adminstered; arise fromt the role of individuals as consumers, commuters, and employees |
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| Reason for growth of tort law since WWII? |
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1)courts expanding scope of liability
2)congress passing statutes that are intended to relieve suffering and injustice |
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| Federal Americans with Disabilities act |
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| tort law does shape social policy |
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| How are torts classified? |
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| intentional, negligent, strict liability |
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| person purposely committs injurious act with or without evil intent; not a crime if person did not act with guilty mind |
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| victim need not prove that defendant acted negligently or was guilty of an intentional tort; "liability without fault" |
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| torts by intentional conflict: |
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1)assault and battery
2)conversion (civil theft)
3)false imprisonment
4)intentional infliction of mental distress
5)defamation
6)invasion of privacy
7)fraud/deceit/misrepresentation
8)bad faith |
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| a person to whom goods are entrusted for use, storage and other purposes |
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| a brief and temporarily unauthorized interferance with the personal property rights of another |
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| an international threat that places victim in fear or apprehension of an immediate offensive touching (victim must be aware of threat) |
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| harmful or offensive touching of another person without justification, consent, or excuse |
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| wrongful restraint of the phyiscal liberty of another |
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| part of false imprisonment but by legal authority |
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| can temporarily detain on reasonable grounds with minimum restraint and prompt call to police |
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| battery and false imprisonment |
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| take part in earnings over a period of time (as long as judgement lasts), until all funds are paid |
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| fair debt collections practice act |
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| prohibits abusive tactics such as threats of violence or use of obscene language, harassing, telephone calls, and publication of "shame lists" |
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| no civil defamation without publication to 3rd party |
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| a false spoken or transitory gesture about the victim; must prove actual monetary loss (special damages) |
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| so obviously harmful that special damages need not be proved |
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| Examples of slander per se |
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| crime punishable by imprisonment, guilty of sexual misconduct, unfit for his or her lawful business, has an existing veneral disease |
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| a false written or printed communication, ex: Mclibel trial |
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| privelage to defame others |
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| truth is an absolute defense against a defamation lawsuit; a privelage is a defense |
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| a legal right to do something |
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| gives holder a right to act in all circumstances |
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| gives holder a right to act under certain circumstances |
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| media, government, creditors, employers |
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| bars public officials from recovering for defamatory falsehoods, unless they can prove the statement was made with actual malice |
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| made with prior knowledge of falsity |
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| expanded NY Rule to private figures |
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| **FACT: New ban on press=statements of opinion as well as statements of fact can be libelous |
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| **FACT: Tort cares about fault but Contract law does not |
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| ordinary care/reasonable person |
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| **FACT: tort law is all common and judge made law |
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| if an injury would not have occured without the defendants act |
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| the act not only was an important factor, but caused all the remote damages; "ability to see or know in advance" |
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| an independent force that comes or happens after the defendants negligent conduct has commenced |
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| negligence committed by a professional person |
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| owners and occupiers of real property owe special care to certain classes of potential victims: trespassers on land, guests of homeowners, customers in business premises |
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| children trespass and injured then owner liable |
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| anyone who is upon or inside the homeowners property with implied or express permission; occupier of land owes licensee a duty of reasonable care but has no duty to inspect premises for dangerous conditions that are not obvious |
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| shoppers and customers in retail stores are an example; must prove 1)dangerous premises, 2)result of owners conduct 3)usual rules of causation were satisfied |
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| **FACT: No negligence if no one has been injured |
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| defendent must prove that he or she was not negligent; "the thing speaks for itself" |
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| What are defenses to negligence? |
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1)assumed risk (ex: contact sports)
2)comparative negligence
3)contributory negligence |
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| determined whether damages could be awarded at all for negligence; was a complete bar to a negligence lawsuit |
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| workers compensation, defective products |
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| injured not required to sue to obtain prescribed benefits; for defective machinary employee can sue manufacturer but not employer; any covered employee working on the job is entitled to benefits under the states workers compensation law |
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| strict liability for defective products |
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| a manufacturer is liable when an article he places on the market proves to have a defect that causes injury to a human being |
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| procedural devices whereby groups of injured persons who are similarily situated can obtain redress in a single lawsuit; ex: tobacco industry was largest settlement |
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| special statute of limitations that applies to specified defective products; a compromise; cuts off liability for a defective product following a specified number of years following its manufacture or sale (ex: malpractice or completion of archtectural projects) |
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| compensation for loss of future pleasure |
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| special compensatory damages |
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| out of pocket costs, measured in terms of money; actual result of particular loss or injury |
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| general compensatory damages |
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| actual and proximate result of the particular loss or injury; compensate victims for pain, suffering, and mental distress |
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| recovery for damages of companionship, affection and sexual relations |
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| compensate immediate dependant relatives |
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| provide that a decendants cause of action survives the death |
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| punitive or exemplary damages |
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| purpose is to punish wrongdoer; available in cases of intentional tort, product-liability, premisis liability, DUI |
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| nominal general punitive damages |
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| ex: peeping tom, where no actual loss or injury (no compensatory damages but punitive ones) |
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| nominal general punitive damages |
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| ex: peeping tom, where no actual loss or injury (no compensatory damages but punitive ones) |
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| What barriers can prevent collection of damages? |
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Definition
1) statutes of limitation
2)judgement-proof defendants |
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