Lec 4: TORTS

TORTS are wrongful actions.

Society seek to compensate those who have suffered injuries as a result of the wrongful conduct of others.

Legal Liability

Tort Liability

Tort Law

Tort

A major area of tort law under which seller can be held liable for defective product. Designed to protect the health, safety and credit of consumers.

Product Liability

The Consumer Act

Marceda Law

Defective Products & Consumer Rights

Purpose of tort law is to provide remedies.

True

False

On the elements of a tort. It stated that plaintiff doesn't need to prove to succeed.

True

False

The person accused:

Intented the consequences of an act. Who knew or should have known that certain consequences would result from an act.

Tortfeasor

Tortmaker

Defendant

Liable party in Tort case

Intentional Torts against Persons

1.) Assault

2.) Battery

3.) False imprisonment

4.) Intentional infliction of Emotional Distress

5.) Defamation

6.) Invasion of the right to privacy

7.) Appropriation

8.) Misrepresentation (fraud)

9.) Wrongful interference with a Contractual Relationship

wordplay:

A - B - F - I - D - I - A - M - W abfidiamw

(might help you memorize for enumeration)

Intentional Torts against Persons

1.) Assault

2.) Battery

3.) False imprisonment

4.) Intentional infliction of Emotional Distress

5.) Defamation

6.) Invasion of the right to privacy

7.) Appropriation

8.) Misrepresentation (fraud)

9.) Wrongful interference with a Contractual Relationship

wordplay:

A - B - F - I - D - I - A - M - W abfidiamw

(might help you memorize for enumeration)

Act intended to cause an apprehension of harmful or offensive contact.

Act caused apprehension in the victim that harmful or offensive contact is imminent (about to happen).

Does not require actual physical contact: it is focused on the intention to cause fear or apprehension in the victim.

Assault

Battery

Defamation

Invasion of the right to privacy

An intent to cause unwanted contact (physical harm)

Assault

Battery

Defamation

Invasion of the right to privacy

Defenses to Assault and Battery

[ based from the PPT ]

(select three answers below)

Defenses to Assault & Battery

Consent: If the alleged victim willingly and knowingly consented to the physical contact or the act that caused apprehension, it may serve as a defense to assault and battery. However, the consent must be freely given and not obtained through coercion or fraud.

Self-defense: If the defendant reasonably believed that they were in immediate danger of harm and used proportionate force to protect themselves, self-defense may be a valid defense. The response must be necessary and reasonable under the circumstances.

Defense of others: Similar to self-defense, if the defendant reasonably believed that another person was in immediate danger of harm and used reasonable force to protect them, the defense of others can be invoked.

Defenses to Assault & Battery

Intent to confine or restrain a person.

Actual confinement in boundaries not of the plaintiff's choosing.

Person intentionally and unlawfully restricts another individual's freedom of movement without their consent. Does not require physical barriers or physical force; it can be accomplished through various means such as threat, intimidation, or the assertion of authority.

Ex: Security guard suspects a costumer of shoplifting without concrete evidence. The security guard forcefully grabs the costumer, accuses them of theft, and detains them in a small room within the store against their will. The costumer repeatedly asserts their innocence and request to leave, but the security guard refuses to release them for an extended period of time.

False Imprisonment

Intentional infliction of Emotional Distress

Defamation

Frameup

Outrageous conduct by the defendant (intent).

ex: The Mistress caused stress or mental anguish to the pregnant legal wife. Hence, it became a potential factor in her miscarriage.

Intentional infliction of Emotional Distress

Defamation

Assault

Tort of Outrage

Wrongfully harming a person's good reputation.

- The publication requirement.

Defamation

False statement

Smearing

Malediction

2 types of Defamation

Slander: spoken defamation or false statements that are orally communicated.

(defamatory remarks made in conversations, speeches, broadcasts, or any other form of spoken communication.)

Libel: written or printed defamation that appears in a fixed or permanent form.

(false information published in newspapers, magazines, books, online articles)

2 types of Defamation

Slander: spoken defamation or false statements that are orally communicated.

(defamatory remarks made in conversations, speeches, broadcasts, or any other form of spoken communication.)

Libel: written or printed defamation that appears in a fixed or permanent form.

(false information published in newspapers, magazines, books, online articles)

Use by one person of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the person.

Appropriation

Identity Thief

Misrepresentation (fraud)

Poser

Intentional deceit for personal gain.

Deceitful facts or conditions with knowledge that they're false or reckless disregard for the truth.

Intend to induce another to rely on the deceit.

Justifiable reliance by the deceived party.

Misrepresentation (fraud)

Appropriation

Dishonest Conduct

Smearing

Valid, enforceable contract exists between two parties.

Third party know that this contract exists.

Third party intentionally causes either two parties to breach contract.

Defendant knew or had reason to know that a third party and the plaintiff are in business relationship. Defendent intentionally interfered in the relationship (sabotage).

Wrongful Interference with a Contractual Relationship

Appropriation

Intentional interference

Defamation

Trespass to land, personal property.

Conversion - refers to the wrongful and unauthorized exercise of control over someone else's personal property.

Intentional Torts against Property

Unlawful Intrusion

Interference of Property rights

Contravention of a Person's property

Act that is unintended but causes injury, losses, damages to the victim.

Unintentional Torts

Negligence

Unintended Liability

Inadvertent harm

Most common tort is Negligence.

True

False

Factors a plaintiff is required to prove when filing a lawsuit against the defendant to negligence.

1.) The defendant owe them duty of care by avoiding careless actions

2.) The defendant provide standard care a "reasonable" person would have provided

3.) Injuries or losses were caused by the defendant's actions

(1) the defendant owed a duty of care to the plaintiff - plaintiff must prove that the defendant had legal obligation to take reasonable steps to prevent harm to them.

(2) the defendant breached the duty of care - plaintiff must demonstrate that the defendant did not act reasonably or responsibly, considering what an average person would have done to avoid causing harm in the given circumstances.

(3) the breach caused the injury - plaintiff must provide casual connection between the defendant's breach of duty and harm suffered.

(4) the victim suffered damages - plaintiff must show the actual negative impact they have endured as a result of the defendant's negligent behavior.

Factors a plaintiff is required to prove when filing a lawsuit against the defendant to negligence.

1.) The defendant owe them duty of care by avoiding careless actions

2.) The defendant provide standard care a "reasonable" person would have provided

3.) Injuries or losses were caused by the defendant's actions

(1) the defendant owed a duty of care to the plaintiff - plaintiff must prove that the defendant had legal obligation to take reasonable steps to prevent harm to them.

(3) the breach caused the injury - plaintiff must provide casual connection between the defendant's breach of duty and harm suffered.

(4) the victim suffered damages - plaintiff must show the actual negative impact they have endured as a result of the defendant's negligent behavior.

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Lec 4: TORTS

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