Chapter 4. Law of Torts

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

A. Trespass

B. Assault and Battery

C. Interference with contractional relationships

D. Deceit/Fraud

E. Defamation

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

Public Nuisance-

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.

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