LL.B-Ii

1. 4 - 1
Torts Against Property
Course-LL.B-II
Subject-Tort II
Unit-II
1

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Intentional Torts Against Property
• There are two general categories of property:
– Real Property –Real Property – consists of land and anything
permanently attached to that land.
– Personal Property –Personal Property – consist of things that are movable.
• Automobiles
• Books
• Clothes
• Pets

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Intentional Torts Against Property
(continued)
• Trespass to LandTrespass to Land
– A tort that interferes with an owner’s right to
exclusive possession of land.

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Intentional Torts Against Property
(continued)
• Trespass to Personal PropertyTrespass to Personal Property
– A tort that occurs whenever one person injures
another person’s personal property; or
– Interferes with that person’s enjoyment of his or her
personal property.

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Intentional Torts Against Property
(continued)
• Conversion of Personal PropertyConversion of Personal Property
– A tort that deprives a true owner of the use and
enjoyment of his or her personal property by:
• Taking over such property; and
• Exercising ownership rights over it.

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Unintentional Torts (Negligence)
• Unintentional TortUnintentional Tort
– A doctrine that says a person is liable for harm that is
the foreseeable consequence of his or her actions.

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Unintentional Torts (Negligence)
(continued)
• NegligenceNegligence
– The omission to do something which a reasonable
person would do; or
– Doing something which a prudent and reasonable
man would not do.

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Unintentional Torts (Negligence)
(continued)
To be successful in a negligence lawsuit, the
plaintiff must prove that:
1. The defendant owed a duty of careduty of care to the
plaintiff
2. The defendant breachedbreached the duty of care
3. The plaintiff suffered injuryinjury
4. The defendant’s negligent act causedcaused the
plaintiff’s injury

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Unintentional Torts (Negligence)
(continued)
• Duty of Care –Duty of Care – the obligation we all each
other not to cause any unreasonable harm or
risk of harm.
– The courts apply a reasonable person standardreasonable person standard.
– Defendants with a particular expertise or
competence are measured against a reasonablereasonable
professional standardprofessional standard.

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Unintentional Torts (Negligence)
(continued)
• Breach of Duty –Breach of Duty – a failure to exercise care or
to act as a reasonable person would act.
• Injury to Plaintiff –Injury to Plaintiff – the plaintiff must suffer
personal injury or damage to his or her
property to recover monetary damages for
the defendant’s negligence.
– Effect on the plaintiff’s life or profession.

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Unintentional Torts (Negligence)
(continued)
• Causation –Causation – a person who commits a
negligent act is not liable unless his or her act
was the cause of the plaintiff’s injuries.
– Causation in FactCausation in Fact (actual cause)
– Proximate CauseProximate Cause (legal cause)

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Unintentional Torts (Negligence)
(continued)
• Causation in FactCausation in Fact (actual cause)
– The actual cause of negligence.
– A person who commits a negligent act is not liable
unless causation in fact can be proven.

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Unintentional Torts (Negligence)
(continued)
• Proximate CauseProximate Cause (legal cause)
– Under the law, a negligent party is not necessarily
liable for all damages set in motion by his or her
negligent act.
– The law establishes a point along the damage
chain after which the negligent party is no longer
legally responsible for the consequences of his or
her actions.

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Landmark Law
• The doctrine of proximate causeproximate cause was defined in
the Palsgraf v. Long Island Railroad Company
case.

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Unintentional Torts (Negligence)
(continued)
• Negligent Infliction of Emotional DistressNegligent Infliction of Emotional Distress
– A tort that permits a person to recover for emotional
distress caused by the defendant’s negligent conduct.
• Professional MalpracticeProfessional Malpractice
– The liability of a professional who breaches his or her
duty of ordinary care.

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Special Negligence Doctrines
• Negligence Per Se
• Res Ipsa Loquitur
• Good Samaritan Laws
• Dram Shop Acts
• Guest Statutes
• Fireman’s Rule
• Negligence Per Se
• Res Ipsa Loquitur
• Good Samaritan Laws
• Dram Shop Acts
• Guest Statutes
• Fireman’s Rule
• “Danger Invites
Rescue” Doctrine
• Social Host Liability
• Liability of Landowners
• Liability of Common
Carriers and
Innkeepers
• “Danger Invites
Rescue” Doctrine
• Social Host Liability
• Liability of Landowners
• Liability of Common
Carriers and
Innkeepers

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Superseding orSuperseding or
InterveningIntervening
EventEvent
Assumption ofAssumption of
the Riskthe Risk
ContributoryContributory
NegligenceNegligence
ComparativeComparative
NegligenceNegligence
DEFENSESDEFENSES
AGAINSTAGAINST
NEGLIGENCENEGLIGENCE

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Business Torts
• Entering certain businesses and professions
without a license
• Unfair competition
– Predatory practices
– Palming off

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Business Torts (continued)
• Disparagement
– Product disparagement
– Trade libel
– Slander of title
• False advertising
• Intentional misrepresentation (fraud)

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Business Torts (continued)
The elements required to find fraud are:
1. The wrongdoer made a false representation of
material fact.
2. The wrongdoer had knowledge that the
representation was false and intended to
deceive the innocent party.
3. The innocent party justifiably relied on the
misrepresentation.
4. The innocent party was injured.

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Business Torts (continued)
• Intentional interference with contractual
relations
• Breach of the implied covenant of good faith
and fair dealing

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Business Torts (continued)
• Punitive damages
– Are not recoverable for breach of contract
– Recoverable for certain tortioustortious conduct
• Fraud
• Intentional conduct
• Other egregious conduct

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Strict Liability
• Strict liability is liability without faultliability without fault.
• A participant in a covered activity will be held
liable for any injuries caused by the activity
even if he or she was not negligent.

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Strict Liability (continued)
This doctrine holds that:
1. There are certain activities that can place the
public at risk of injury even if reasonable care is
taken; and
2. The public should have some means of
compensation if such injury occurs.

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References
• 1.
https://lh5.ggpht.com/HLnLMmZqbfbQirTFZ3eQjqzDnvnSbXYOs3zoqHvKuhXL25
• Ratan Lal & Dhiraj Law-The Law of Torts (1997) Universal, Delhi