Torts

Chapter 5

Intentional Torts, Negligence,

and Strict Liability

Three Kinds of Torts

A tort is a wrong

There are three kinds of torts

Intentional torts

Unintentional torts (negligence)

Strict liability

Intentional tort

Where the defendant possessed the intent to do the act that caused the plaintiff's injuries

Intentional Torts against Persons

Assault

Battery

False imprisonment

Defamation of character

Invasion of the right to privacy

Misappropriation of right to publicity (appropriation)

Intentional infliction of emotional distress

Malicious prosecution

Intentional Torts against Persons

Assault

Threat of immediate harm, or

Any action that arouses reasonable apprehension of imminent harm

Battery

Unauthorized and harmful or offensive physical contact with another person

Transferred intent

Intentional Torts against Persons

False imprisonment

Intentional confinement or restraint of another without authority or justification and without that person's consent

Merchant protection statutes

Intentional Torts against Persons

Defamation

False statements made by one person about another

Untrue statement of fact

Intentionally or accidentally published to a third party

Slander

Libel

Public figures as plaintiffs

Proof of actual malice

Intentional Torts against Persons

Invasion of right to privacy

Violation of person's right to live life without unwarranted or undesired publicity

Truth no defense

Appropriation

Appropriate a living person's name or identity for commercial purposes

Intentional Torts against Persons

Intentional infliction of emotional distress

Extreme conduct causes severe emotional distress

Roach v. Stern

Intentional Torts against Property

Trespass to land

Interference with owner's right to exclusive possession of land

Trespass to and conversion of personal property

Injury to property or interference with enjoyment of property

Depriving true owner of use of property by exercising ownership rights. E.g. Failure to return.

Elements of Unintentional Torts (Negligence)

To be successful in a negligence lawsuit, the plaintiff must prove:

The defendant owed a duty of care to the plaintiff

The defendant breached this duty of care

The plaintiff suffered injury

The defendant's negligent act caused the plaintiff's injury

Elements of Unintentional Torts (Negligence)

Duty of care

Obligation not to cause unreasonable harm or risk of harm

Reasonable person standard

Breach of duty of care

Sins of commission or omission

Causation

Causation in fact

The defendant's negligent act must be the causation in fact or actual cause of the plaintiff's injuries

Proximate cause

A point along the chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions

Professional Malpractice

Professionals, such as doctors, lawyers, architects, accountants, and others owe a duty of ordinary care, called the reasonable professional standard, in providing their services

A professional who breaches this duty is liable for professional malpractice

Negligent Infliction of Emotional Distress

Negligent infliction of emotional distress is a tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct

A plaintiff must prove that

A relative was killed or injured by the defendant

The plaintiff suffered severe emotional distress

The plaintiff's mental distress resulted from a sensory and contemporaneous observance of the accident

Special Negligence Doctrines

Negligence per se

Res ipsa loquitur

Dram shop acts

Social host liability

Guest statutes

Good Samaritan laws

Fireman's rule

"Danger invites rescue" doctrine