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 someone’s
reputation, or invasion of someone’s
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."