Chapter 5CIVIL LAW AND

PROCEDURE

Crime—offense against societyA public wrong

Tort—an offense against an individual A private or civil wrong

HOW DO CRIMES AND TORTS DIFFER?

Elements of a Tort:DutyBreach of dutyInjurycausation

ELEMENTS OF A TORT

DutyBy law you have the duty to do or not do something

1. The duty not to injure another2. The duty not to interfere with the

property rights of others3. The duty not to interfere with the

economic rights of others

ELEMENTS OF A TORT

Violation of Duty (Breach of Duty)Must be proved before the injured party can collect damages

1. Intentional2. Negligence3. Strict liability

ELEMENTS OF A TORT

InjuryInjury resulting from the breach of duty must be proved

If you act recklessly, but no one gets injured, there usually is no tort

ELEMENTS OF A TORT

CausationThe breach of duty caused the injuryDegrees of causation

Proximate cause—the amount of causation need to be recognized by law

ELEMENTS OF A TORT

Vicarious LiabilityWhen one person is liable for the tort of another

Examples:Parents who give their children “dangerous instrumentalities,” such as guns, without proper instruction

Continuous dangerous habits—children who continue to throw rocks at trains and vehicles

RESPONSIBILITY FOR ANOTHER’S TORTS

Intentional TortsTorts in which the defendant possessed the intent or purpose to inflict the resultant injury

There are nine common intentional torts

INTENTIONAL TORTS

AssaultWhen one person intentionally puts another in reasonable fear of an offensive or harmful bodily contact

Threat can be made with words or gestures

Threat must be believableThreat can be physicalThreat can be offensive

INTENTIONAL TORTS

BatteryHarmful or offensive touching

Examples: Shooting, pushing in anger, spitting on, or throwing a pie in another’s face

Must be intentional

INTENTIONAL TORTS

False ImprisonmentIntentional confinement of a person against the person’s will and without lawful privilegeExamples: handcuffed; locked in a room, car, or jail; told in a threatening way to stay in one place; or otherwise denied their liberty

INTENTIONAL TORTS

DefamationA false statement that injures another’s reputation or good nameSlander—spokenLibel—written

The statement must be:1. False2. Communicated to a third person3. Bring the victim into disrepute,

contempt, or ridicule by others

INTENTIONAL TORTS

Invasion of PrivacyUninvited intrusion into an individual’s personal relationships and activitiesMay cause outrage, mental suffering, or humiliation Includes:Freedom from unnecessary publicity regarding personal matters

Freedom from commercial exploitation of one’s name, picture, or endorsement without permission

Bans illegal eavesdropping by any listening device

INTENTIONAL TORTS

Trespass to LandEntry onto the property of another without the owner’s consent

May consist of other forms of interference with the possession of property:Dumping garbage on the land of anotherBreaking the windows of a neighbor’s house

Must show intent

INTENTIONAL TORTS

Conversion (theft)Intentionally stealing, destroying, or using another person’s property in a manner inconsistent with the owner’s rights

Can occur even when the converter doesn’t know that there is conversionBuying stolen merchandise

INTENTIONAL TORTS

Interference with Contractual Relationsa defendant is liable to pay damages in tort for actions intended to interfere with the plaintiff's contractual relations with a third party

the burden is on the plaintiff to prove the elements of the claim rather than on the defendant to prove that its acts were justified. To prevail on the claim, plaintiff must prove four

elements: (1) that a valid contract existed(2) that defendant had knowledge of the contract(3) that defendant acted intentionally and improperly(4) that plaintiff was injured by the defendant’s actions

INTENTIONAL TORTS

FraudAn intentional representation of an existing important fact (a lie)

Misrepresentation must be relied on and cause the victim to part with a legal right or something valuable

Opinions are not considered fraudulent

INTENTIONAL TORTS

Negligence—most common tortOnly carelessness is required for negligenceDuty imposed by negligence:

Reasonable person standardRequired to act with the care, prudence, and good judgment of a reasonable person so as not to cause injury to another

Children are required to act with the care that a reasonable child of like age, intelligence, and experience would act UNLESS they are performing and adult activity: driving a car or boat

Professionals and skilled tradespeople are held to a higher standard

NEGLIGENCE

Breach of DutyDefendant’s conduct is compared to that of a reasonable person

Causation and InjuryViolation of the duty must be the cause of the injury

NEGLIGENCE

Defenses to NegligenceContributory negligence—plaintiff contributed to their own injuryPlaintiff cannot collect damages

Comparative negligence—plaintiff is partially at fault (substituted for contributory negligence in most states)Plaintiff is awarded reduced damages based on the amount of fault

Assumption of risk—aware of danger but subject yourself to it anywayPlaintiff cannot collect damages

NEGLIGENCE

Strict LiabilityLiability that exists even though the defendant is (or was) not negligentMakes the defendant liable if he/she engaged in a particular activity that resulted in injury.

Proof of the activity and the injury substitutes for proof of a violation of duty

STRICT LIABILITY

Examples of Strict LiabilityEngaging in abnormally dangerous activities—Examples: Target practice, Blasting, Crop dusting with dangerous chemicals, storing flammable liquids in large quantities

Ownership of dangerous animalsSale of goods that are unreasonably dangerous—defective goods

STRICT LIABILITY

Who is liable?ManufacturerSellersDistributors

STRICT LIABILITY

InjunctionA court order for a person to do or not to do something

DamagesMonetary award to the injured party to compensate for loss

Purpose: to place the injured party in the same financial position as if the injury had not occurred

Types:Compensatory—compensate for lossPunitive—punish the wrongdoer

REMEDIES AVAILABLE IN A CIVIL SUIT