Chapter 4 The Law of Torts

Aim: How does Torten Law protect our individual rights?

Tort- based on individual rights

  1. Right to be free of bodily harm (assault and battery)
  2. Right to enjoy a good reputation
  3. Right to quiet enjoyment
  4. Right to have property free of trespass and damage
  5. Right to conduct business free of interruption
  6. Right to (reasonable) medical care
  7. Right to enter a marriage contract free from interference

Tort feasor- individual who violates one’s rights

I. Classifications of Torts

Intentional Torts- an individual intentionally violates your individual rights

  • Abandoned home- trespass
  1. Assault and Battery
  2. Trespass-wrongful injury or interference with the property of another
  3. Nuisance– interfering with one’s right to quiet enjoyment
    1. Private nuisance- effects one individual or a small group of people, neighbors
    2. Public nuisance
    3. Attractive nuisance
  4. Deceit/fraud– intentional deception
    • scams
    • ponzi
    • security fraud
  5. Interference with contractual relations– intentionally causing one person not to enter or to break a contract with another
  6. False imprisonment (false arrest)– can sue for false imprisonment
  7. Defemation- the wrongful act of injuring one’s reputation by making false statements
    1. Libel (more severe): any written/printed materials that causes damages to one’s reputation
      • Ex: (newspaper, radio, tv ad, music)
    2. Slander (less severe): rumors that cause injury to one’s reputation
  8. Invasion of privacy- interference with person’s right to be left alone
  9. Infliction of emotional distress- intentionally or recklessly causing emotional or mental suffering to others

Negligence- when a person fails to excerise the degree of care that a reasonable person would have

  • Prove:
    1. Duty of Care
    2. Breach of Duty of Care
    3. Proximate cause
    4. Harm/Injury
  • Defenses to Negligence
    1. Assumption of Risk– not entitled to compensation and you are aware or made aware of dangerous situations
    2. Contributory Negligence- if it is found that the plaintiff is in any way a cause of the inury/negligence, the case is dismissed- 100% fault/negligence
    3. Comparative Negligence- (NY) if the plaintiff is found to share in the negligence, the settlement will be aportioned according to the findings of fault

The Doctrine of Strict Liability- a company or an individual may still be held liable for injuries or damages even if they were not negligent or did not “breach their duty of care”

  • “Setauket Gas Leak”
  1. Product liability- when a consumer product injures someone

 

 

 

 

 

 

 

 

 

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