Torts
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Chapter 5
Intentional Torts, Negligence,
and Strict Liability
Three Kinds of Torts
A tort is a wrong
There are three kinds of torts
Intentional torts
Unintentional torts (negligence)
Strict liability
Intentional tort
Where the defendant possessed the intent to do the act that caused the plaintiffs injuries
Intentional Torts against Persons
Assault
Battery
False imprisonment
Defamation of character
Invasion of the right to privacy
Misappropriation of right to publicity (appropriation)
Intentional infliction of emotional distress
Malicious prosecution
Intentional Torts against Persons
Assault
Threat of immediate harm, or
Any action that arouses reasonable apprehension of imminent harm
Battery
Unauthorized and harmful or offensive physical contact with another person
Transferred intent
Intentional Torts against Persons
False imprisonment
Intentional confinement or restraint of another without authority or justification and without that persons consent
Merchant protection statutes
Intentional Torts against Persons
Defamation
False statements made by one person about another
Untrue statement of fact
Intentionally or accidentally published to a third party
Slander
Libel
Public figures as plaintiffs
Proof of actual malice
Intentional Torts against Persons
Invasion of right to privacy
Violation of persons right to live life without unwarranted or undesired publicity
Truth no defense
Appropriation
Appropriate a living persons name or identity for commercial purposes
Intentional Torts against Persons
Intentional infliction of emotional distress
Extreme conduct causes severe emotional distress
Roach v. Stern
Intentional Torts against Property
Trespass to land
Interference with owners right to exclusive possession of land
Trespass to and conversion of personal property
Injury to property or interference with enjoyment of property
Depriving true owner of use of property by exercising ownership rights. E.g. Failure to return.
Elements of Unintentional Torts (Negligence)
To be successful in a negligence lawsuit, the plaintiff must prove:
The defendant owed a duty of care to the plaintiff
The defendant breached this duty of care
The plaintiff suffered injury
The defendants negligent act caused the plaintiffs injury
Elements of Unintentional Torts (Negligence)
Duty of care
Obligation not to cause unreasonable harm or risk of harm
Reasonable person standard
Breach of duty of care
Sins of commission or omission
Causation
Causation in fact
The defendants negligent act must be the causation in fact or actual cause of the plaintiffs injuries
Proximate cause
A point along the chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions
Professional Malpractice
Professionals, such as doctors, lawyers, architects, accountants, and others owe a duty of ordinary care, called the reasonable professional standard, in providing their services
A professional who breaches this duty is liable for professional malpractice
Negligent Infliction of Emotional Distress
Negligent infliction of emotional distress is a tort that permits a person to recover for emotional distress caused by the defendants negligent conduct
A plaintiff must prove that
A relative was killed or injured by the defendant
The plaintiff suffered severe emotional distress
The plaintiffs mental distress resulted from a sensory and contemporaneous observance of the accident
Special Negligence Doctrines
Negligence per se
Res ipsa loquitur
Dram shop acts
Social host liability
Guest statutes
Good Samaritan laws
Firemans rule
“Danger invites rescue” doctrine