By Mike Hunton
Tort Law (civil law)
• Tort – A wrong against an individual
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law
The United States Constitution
7th Amendment
Intentional Torts
Where the defendant (actor) knew or should have known that his/her actions would harm the plaintiff (victim).
Tortfeasor – someone who commits torts
Types of Intentional Torts
• Assault• Battery• Trespass• Conversion• Intentional Infliction of emotional distress• Invasion of privacy• Fraud• Defamation
Assault
• Putting someone in immediate fear of life and limb (fear of physical harm)
Assault with a deadly weapon
Battery
• Unlawful touching (with or without a weapon)
Trespass
• Interference with the victims property
Conversion
• Unauthorized use of property
1.Copy write violations2.Patient violations3.Using another's property without
permission- MP3’s- Movies
Intentional Infliction of Emotional Distress
• Extreme or outrageous behavior that causes severe emotional distress
Examples:
1. Telling someone a relative died (a lie)2. Emotional Abuse3. Harassment
Invasion of Privacy
• Prevents stalkers, wiretaps, computer hackers
• Placing someone in a false lightExample: Doctored pictures
Fraud
• Using deceit, to trick people out of their money (liar), or things of value.
Defamation
• Destruction of someone’s reputation– Libel is written
defamation– Slander is oral
defamation
Unintentional Torts
• Negligence• Strict Liability
Negligence
• Failing to do, or not do, what a reasonably prudent person would do in the same situation.
Strict Liability• Unusually dangerous
activities• Liability even if the
defendant is not at fault
1. Using explosives, harboring dangerous animals, having toxic materials.2. Product liability (defective products)
The Ford Pinto