Unit 1 Chapter 6 Torts - Corsica

Unit 1 Chapter 6 Torts - Corsica

Unit 1 Chapter 6 Torts What are Torts? How are they different than crimes? Offense against society vs individual Elements of a Tort Duty: a legal obligation owed another to do or not do something.

Breach: a violation of the duty. Injury: a harm that is recognized by the law. Causation: proof that the breach caused the injury. Duty

The duty not to injure another; this includes bodily injury, injury to someones reputation, or invasion of someones privacy. The duty no to interfere with the property rights of others, for example, trespass. The duty not to interfere with the economic rights of others, such as the right to contract. Violation of Duty A breach, or violation of the duty, must be proved before the injured party can

collect damages. Whether there has been a breach of a tort duty is almost always a question of fact for a jury to decide. Injury Generally, injury resulting from breach of duty must be proved. If you act recklessly and no one is injured. There is no

tort. Causation Causation is simply the idea that breach of duty caused the injury. Proximate cause-causation is great enough for it to be recognized by the law. Proximate cause exists when it is reasonably foreseeable that a breach will result in an injury Intentional Torts

Assault---Threat to injure Battery---harmful or offensive touching False imprisonment--depriving freedom of movement without consent and without privilege Defamation-false statement

about product or individualDisparagement Slander Libel Requirements--- False Communicated to 3rd party Bring contempt, ridicule, disrepute Intentional Torts Continued

Invasion of Privacypersonal and fundamental right protected by constitution Trespass-entry onto realty of another without permission. Conversion-depriving of property. Interference with contractual relationsencourage to breach.

Fraud-intentional misrepresentation of a material fact-relied on and causes injury. Negligence Most common tort Intent not required Duty-reasonable man standard(prudent). Degree of care varies-under 7 are presumed incapable of negligence, professionals are held

to higher level of care, Breach of duty-apply reasonable man standard. Violation of duty is cause of injury. Defenses to Negligence Concept: Contributory vs Comparative negligence as a defense

Assumption of the risk-you know of the risk however, you take it anyway Strict(Product) Liability Responsible on an absolute basis.

Dangerous activities you are liable. Producers are liable for their products. Without this concept it would be difficult to prove negligence. Damages Monetary Damages Specific Performance Exemplary or Punitive

Damages The origin of the word Oyez is Middle English, from Anglo-Norman, hear ye, imperative plural of oyer, to hear. from Latin audire. The history of OYEZ is illuminating. "Hearing the cry 'Oyez, oyez, oyez' in a courtroom may have puzzled more than one auditor, especially if pronounced 'o yes.' This cry serves to remind us that up until the 18th century, speaking English in a British court of law was not required and that one could use Law French, a form of French that evolved after the Norman Conquest, when Anglo-Norman became the language of the official class in England. Oyez descends from the Anglo-Norman oyez, the plural imperative of oyer, 'to hear'; thus oyez means

'hear ye' and was used as a call for silence and attention. Although it would have been much heard in Medieval England, it is first recorded as an English word fairly late in the Middle English period, in a work composed around 1425."

Recently Viewed Presentations



    Calculate the magnetic flux through a current loop. Use Lenz's law and Faraday's law to determine the direction and magnitude of induced emf's and currents. Explain the origin and speed of electromagnetic waves.
  • Community Foundation Donor Development Analysis Prepared for ...

    Community Foundation Donor Development Analysis Prepared for ...

    Presented by: Wendy L. Ault, Executive Director Tarren Bragdon, Consultant Connect Aspirations to a Plan Bidders' Conference September 18, 2007
  • Rising 7th and 8th Grade Parent Night - Liberty Pines Academy

    Rising 7th and 8th Grade Parent Night - Liberty Pines Academy

    Mrs. Gilbes - Spanish Mrs. Parrett - Interns ... A total of 4 high school math credits are required to satisfy graduation requirements. However, college entrance ready students must take a math course each year. ... Rising 7th and 8th...
  • Erosion at Barton on sea - Geography

    Erosion at Barton on sea - Geography

    Sub-Aerial Processes(CLIFF/coast FACE!!) Land-based processes (ie: weather) which ERODE a coastline through the decay and disintegration of rock - these processes affect the face of the rock
  • The PerCEN Study Supporting client and care outcomes

    The PerCEN Study Supporting client and care outcomes

    Arial Calibri Times New Roman System Book Antiqua Courier New Wingdings Office Theme Chart Microsoft Office Excel Chart Microsoft Graph Chart Slide 1 Inspiration from positive findings with the CADRES STUDY and curiosity about some conflicting findings Chenoweth, L. King,...
  • Hein and Arena - integratedwisdom.org

    Hein and Arena - integratedwisdom.org

    Chapter 22 Alcohols, Ethers, Phenols, and Thiols This field of switch grass is a prime source of biomass for ethanol production. Introduction to General, Organic, and Biochemistry, 10e
  • Archetypes of plot - Ms. C. Powell 8th Reading

    Archetypes of plot - Ms. C. Powell 8th Reading

    The revenge plot can end in mainly 3 ways: 1. The hero gets their revenge (will feel accomplished/ will feel bad) 2. One or both of the characters will die . 3. The hero gives up on their quest for...
  • A Topical Approach to Life-Span Development, 6th edition John ...

    A Topical Approach to Life-Span Development, 6th edition John ...

    Development is observable behavior that we learn through experience with the environment. ... Behavior is strongly influenced by biology, tied to evolution, and characterized by critical or sensitive periods ... A Topical Approach to Life-Span Development, 6th edition John W....