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Chapter 18
 A crime is a “public” wrong
committed against society (in
addition to the specific
victim)
 A tort is a “private” wrong...
1. Who is liable for harm caused
by the activity in question?
Liable- Legal responsibility for an
act
2. How much should t...
• Whenever a person or property is injured, someone has to pay for
the costs associated with the injury
• Tort law the is ...
Negligent tort - negligence
 Example 1: Mary carelessly runs a
red light and hits Tim’s car,
damaging both the car and Ti...
 In a Civil Case the injured party [plaintiff] brings a
law suit against the person that caused the harm
[defendant]
 St...
 Almost anyone can be sued including Individuals,
groups, organizations, businesses, and even units of
government can be ...
 Parents generally cannot be sued by their children
 A spouse generally cannot be sued by their
spouse
 The State and F...
 Workers compensation works to automatically
compensate employees who are injured on the job
 Workers that are injured d...
 Liability insurance - protects the
insured against liability for negligent
torts
 CGL (comprehensive general
liability)...
Chapter 19
 Compensatory—damages that
compensate the plaintiff for harm
caused by the defendant
Examples
 Lost wages, medical bills...
 Battery—intentional harmful or
offensive contact (touching)
Examples
 Shoving
 Hitting
 Slapping
 Assault—action that puts another
person in fear of an immediate
harmful or offensive contact
 Actual contact is not req...
 Infliction of emotional distress—
words or actions intended to cause
extreme anxiety or emotional distress
 Conduct mus...
False Imprisonment —intentional,
wrongful confinement of a person
against his will
Example:
 restraining a suspected shop...
Defamation—oral (slander) or written
(libel) statements that are false, and
which harm a person’s reputation
 Must be a s...
 Real property—land/real estate
 Personal property—things that
can be moved
 Intellectual property—inventions
and creat...
Trespass—entry onto real property
without owner’s permission
 Can a trespasser sue you for
damages if they hurt themselve...
Nuisance—unreasonable interference
with ability to use and enjoy property
Examples
 Repetitive loud noises at
unreasonabl...
Conversion—unlawfully exercising
control over another person’s personal
property
 May use reasonable force to protect
pro...
Infringement—unauthorized use of a
patented or copyrighted work
 Patents protect inventions for 20 years; after
that, the...
1. Consent—no intentional tort occurs
if a person consents to the conduct
(e.g., football players, boxers,
wrestlers)
2. P...
Chapter 20
 Duty—defendant owes a duty of
care to the plaintiff (judge
decides)
 Breach of duty —defendant’s
conduct breached or vi...
 Negligence cases are decided
based on whether a person’s
conduct conforms to that of “the
reasonable person of ordinary
...
Two concepts:
• Cause in fact —harm would not have
occurred without the wrongful act
• Proximate cause —the harm was
reas...
 Goal —restore the plaintiff to pre-injury
condition (to extent possible)
 Money is the primary remedy
 Examples of dam...
Contributory negligence
• The Plaintiff's negligence contributed to
the harm suffered
Comparative negligence
(responsibi...
Chapter 21
 Strict liability= liability without fault
 Elements:
 Causation
 Damages
 Does not require proof of duty owed nor
br...
 Strict liability applies to:
 Dangerous (“ultrahazardous”)
activities—an activity where risk
cannot be eliminated even ...
 Defective Design —product was
made according to specs, but the
design is bad
 Manufacturing Defect —design is
OK, but t...
 Intervening or super-ceding
cause —the defect did not cause
the injury
 Misuse—some misuse is
foreseeable and therefore...
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Civil law review

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Civil law review

  1. 1. Chapter 18
  2. 2.  A crime is a “public” wrong committed against society (in addition to the specific victim)  A tort is a “private” wrong committed against an individual Key Differences  Parties  Burden of Proof  Remedies
  3. 3. 1. Who is liable for harm caused by the activity in question? Liable- Legal responsibility for an act 2. How much should the liable person have to pay? (damages)  What are the goals of awarding damages? • Compensation • Deterrence • In some cases, punishment
  4. 4. • Whenever a person or property is injured, someone has to pay for the costs associated with the injury • Tort law the is concerned with determining who must pay and how much they are liable. • Remedy- Something to make up for harm done, ordered by the court in a civil case • Settlement- Mutual agreement between parties in a Civil law suit, prior to final judgment, usually to avoid a trial, a settlement is legally binding • 90 % of all civil cases end with a settlement versus going to court
  5. 5. Negligent tort - negligence  Example 1: Mary carelessly runs a red light and hits Tim’s car, damaging both the car and Tim. Intentional tort - assault  Example 2: Ben gets mad at Bart and punches him in the nose. Strict liability tort - defective (unreasonably dangerous) product  Example 3: Joe takes an over-the- counter medication and has an adverse reaction
  6. 6.  In a Civil Case the injured party [plaintiff] brings a law suit against the person that caused the harm [defendant]  Standard of Proof- Amount of evidence needed to win a case. Is much less in a Civil Case, simply more than 50% of the evidence must show that the defendant was liable.  A person can never go to jail for committing a Tort, only a Crime can send a person to jail. Remember some torts are also crimes, but must be tried in separate cases.
  7. 7.  Almost anyone can be sued including Individuals, groups, organizations, businesses, and even units of government can be sued.  Plaintiffs may sue multiple defendants looking for the one with Deep Pockets  Sometimes a group of people will bring a lawsuit against a person or company. Class Action [law suit]- Lawsuit brought by one or more persons on behalf of a larger group [class]  Children can be sued, but to recover damages from a Minor a plaintiff must show the the child acted unreasonably for their age and experience.
  8. 8.  Parents generally cannot be sued by their children  A spouse generally cannot be sued by their spouse  The State and Federal Government cannot be sued unless they Waive- Give up their right to be sued “The King can do no Wrong”  Federal Tort Claims Act makes the government liable for negligent acts by employees
  9. 9.  Workers compensation works to automatically compensate employees who are injured on the job  Workers that are injured do not have to go to court to gain benefits, even if they were at fault  In exchange for this agreement workers usually give up the right to sue their employer for the injury  Most states limit the benefits for employees that fail to follow safety guidelines or may deny benefits if the employee was impaired by drugs or alcohol
  10. 10.  Liability insurance - protects the insured against liability for negligent torts  CGL (comprehensive general liability) is carried by most businesses • Usually includes coverage for defective products • Intentional torts are usually not covered  Malpractice insurance - specialized insurance for professionals (doctors, lawyers, etc.) Coverage up to policy limits
  11. 11. Chapter 19
  12. 12.  Compensatory—damages that compensate the plaintiff for harm caused by the defendant Examples  Lost wages, medical bills, “pain and suffering,” loss of consortium  Nominal—a small or “token” amount of damages awarded as a symbol of wrongdoing  Punitive—damages to punish the person committing the intentional tort
  13. 13.  Battery—intentional harmful or offensive contact (touching) Examples  Shoving  Hitting  Slapping
  14. 14.  Assault—action that puts another person in fear of an immediate harmful or offensive contact  Actual contact is not required
  15. 15.  Infliction of emotional distress— words or actions intended to cause extreme anxiety or emotional distress  Conduct must be outrageous
  16. 16. False Imprisonment —intentional, wrongful confinement of a person against his will Example:  restraining a suspected shoplifter  Allowed, but must be reasonably brief and use no greater restraint than necessary to protect property
  17. 17. Defamation—oral (slander) or written (libel) statements that are false, and which harm a person’s reputation  Must be a statement of fact, not opinion  “Public figures” must prove actual malice (intent to harm, not just intent to say something)
  18. 18.  Real property—land/real estate  Personal property—things that can be moved  Intellectual property—inventions and creative works
  19. 19. Trespass—entry onto real property without owner’s permission  Can a trespasser sue you for damages if they hurt themselves while trespassing?  Only for things like booby-traps  Higher duties are owed to guests and business invitees
  20. 20. Nuisance—unreasonable interference with ability to use and enjoy property Examples  Repetitive loud noises at unreasonable times of day  Odors  Plaintiff can recover damages and/or receive injunctive relief (stop doing it!)
  21. 21. Conversion—unlawfully exercising control over another person’s personal property  May use reasonable force to protect property  Some states allow use of deadly force (“Make My Day” laws)
  22. 22. Infringement—unauthorized use of a patented or copyrighted work  Patents protect inventions for 20 years; after that, the invention becomes public domain  Must be granted by US Patent and Trademark office  Copyrights apply automatically when a work is created Covers the work for the lifetime of the holder, plus 70 years
  23. 23. 1. Consent—no intentional tort occurs if a person consents to the conduct (e.g., football players, boxers, wrestlers) 2. Privilege—some persons have lawful authority over others (police, parents, etc.) 3. Self-defense—must use reasonable force 4. Defense of property
  24. 24. Chapter 20
  25. 25.  Duty—defendant owes a duty of care to the plaintiff (judge decides)  Breach of duty —defendant’s conduct breached or violated that duty (jury decides)  Causation —the defendant’s conduct legally caused the plaintiff’s injuries/harm  Damages —plaintiff suffered actual injuries or losses
  26. 26.  Negligence cases are decided based on whether a person’s conduct conforms to that of “the reasonable person of ordinary prudence or carefulness”  Reasonableness—must evaluate: • Likelihood of harm • Seriousness of harm • Burden/cost of avoiding harm  Criminal acts may constitute breach of duty as a matter of law (negligence per se)
  27. 27. Two concepts: • Cause in fact —harm would not have occurred without the wrongful act • Proximate cause —the harm was reasonably foreseeable as a consequence of the wrongful act
  28. 28.  Goal —restore the plaintiff to pre-injury condition (to extent possible)  Money is the primary remedy  Examples of damages: • Hospital and medical bills • Lost wages (past) • Lost future earnings • Property damage • Pain and suffering • Emotional distress • Mental/physical disabilities • Loss of consortium
  29. 29. Contributory negligence • The Plaintiff's negligence contributed to the harm suffered Comparative negligence (responsibility) • Plaintiff’s recovery reduced by own percentage of responsibility • Most states bar recovery if plaintiff >50% responsible Assumption of Risk
  30. 30. Chapter 21
  31. 31.  Strict liability= liability without fault  Elements:  Causation  Damages  Does not require proof of duty owed nor breach of duty, as required in negligence cases
  32. 32.  Strict liability applies to:  Dangerous (“ultrahazardous”) activities—an activity where risk cannot be eliminated even by reasonable care (1) wild animals kept as pets; and (2) domesticated animals whose tendency to bite is known  Defective (“unreasonably dangerous”) products
  33. 33.  Defective Design —product was made according to specs, but the design is bad  Manufacturing Defect —design is OK, but the product wasn’t manufactured properly  Failure to Warn — Instructions/Precautions/ Warnings were not adequate to protect the consumer
  34. 34.  Intervening or super-ceding cause —the defect did not cause the injury  Misuse—some misuse is foreseeable and therefore manufacturers must guard against or adequately warn

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