PRL101 lecture slides, March 1, 2011Presentation Transcript
Chapter 12: Torts
McMillan v McMillan, No. 281043 (Ala. Civ. App. June 4, 2010)
Whether “sole property” in an postnuptial agreement includes a residence owned by one spouse before marriage when both spouses lived together in the house before signing the agreement.
What is a Tort?
Tort is the law of civil wrongs
Tort law usually provides compensation for harm
Tort law may provide punishment to deter future wrongdoing.
Ala. Code §13A-11-53
Anyone who carries concealed about his person brass knuckles, slingshots or other weapon of like kind or description shall, on conviction, be fined not less than $50.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
Did Dennis have intent?
Purpose to produce result or
Knowledge to a substantial certainty that result will occur
any length of time
deprived of personal liberty
reasonable grounds for suspicion
Goodman v. Wal-Mart (Ala. 1999)
Goodman returned phone to Wal-Mart for exchange
Couldn’t find another phone
Retrieved phone from employee & left
Detained by security, handcuffed & arrested
Acquitted of shoplifting
Sued for false imprisonment: $3.2M verdict
must show ‘actual malice’:
knowledge of falsity
reckless disregard for truth
intentional infliction of emotional distress
extreme & outrageous conduct
beyond all possible bounds of decency
atrocious and utterly intolerable in civilized society