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