Aim: What is the law of Torts?
Abandoned Home – ” Trespass” (Intended)
Doctor- ” Malpractice” (Negligence)
Setauket “Gas Leak”
Tort- act against an individual rights.
1. Right to be free from bodily harm
2. Right to enjoy a good reputation
3. The right to conduct business without interference
4. The right to ones property free from trespass and damage
I. Three Classifications of Torts
1. Intentional Torts- when a wrong occurs when a person knows and desires the consequences
B. Assault and Battery
C. Interference with contractional relationships
F. Emotional Suffering
G. Invasion of Privacy
2. Negligence- “accidental a unintentional tort” the failure to exercise the degree of care a reasonable person would have in a similar situation. Duty of care- “Who”. Breach their Duty of Care. Proximate cause. Actual harm (Harm).
3. Struck –
Nuisance- to ruin someone’s enjoyment of life
Attractive Nuisance- If you do not take precautions to prevent a nuisance. If you do not put a fence around your pool that leads to an injury because an animal or a child might get hurt.
Comparative Negligence- the apportionment of fault when both the plaintiff and the defendant contributed to a loss by failing to exercise the required degree of care. Damages for the plaintiff are decreased in proportion to his or her own negligence.
Contributory Negligence- you must prove 100 percent of the defendant.
Assumption of Risk- we can not control it. risk is to be assumed. for example, getting hit by a baseball in baseball game.
Punitive damages- “Punish” fraud
Compensatory damages- Actual loss
Injunction- court order to stop the alleged act
“Privileged”: Public official (congress) words can be used as defamatory.