Types of Torts - Christian Brothers University

Types of Torts - Christian Brothers University

Comprehensive Volume, 18th Edition Chapter 9: Torts Definitions A tort is a civil wrong. The law provides methods for recovery for damages from torts. A tort differs from a crime in its remedy. Fines and imprisonment result from criminal violations. Money damages are paid to those who are damaged by a tort. Chapter 9 Computer torts are simply specialized applications of torts, as in privacy and trespass to property. Types of Torts INTENTIONAL

NEGLIGENCE False imprisonment Duty Intentional Infliction of Emotional Distress Breach of Duty Invasion of Privacy Causation Defamation Damages Product Disparagement Wrongful Interference Chapter 9

WHN Contracts Trespass Computer Torts STRICT LIABILITY Inherently Dangerous Activities Products Liability Negligence Chapter 9 To establish the tort of negligence, one must show that there has been a breach of duty in the form of a violation of a statute or professional competency standards or of behavior that does not rise to the level of that of a reasonable person. That breach of duty must have caused the injuries to the plaintiff, and the plaintiff must

be able to quantify the damages that resulted. Causal Relationships Forming the Basis of Tort Liability Wrongful Act of Defendant Proximate (immediate, substantially contributing) cause of harm to plaintiff Reasonably foreseeable cause of harm to plaintiff May Break Intervening Wrongful Act Causative Chain of Third Person Chapter 9 Tort Liability for Defendant

If Foreseeable, Results in Liability for Third Person as Well as Defendant Types of Tort for which Suit is Brought Chapter 9 Auto 60.1% Premises liability 17.3% Other negligence 5.9% Medical malpractice

4.9% Products liability 3.4% Intentional injury 2.9% Nonmedical malpractice 1.8% Toxic substance 1.6% Unknown tort 1.2% Slander/libel

0.8% Source: Wall Street Journal, August 21, 1995, Dow Jones & Company Defenses Truth is an absolute defense to defamation. There are some privileges that protect against defamation, such as those for witnesses at trial and for members of Congress during debates on the floor. There is a developing privilege for employers when they give references for former employees. Chapter 9 Possible defenses to negligence include contributory negligence, comparative negligence, and assumption of risk.

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