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

  • Genre Characteristics - PBworks

    Genre Characteristics - PBworks

    Genre Characteristics How Does Nonfiction Look? Provides an outline of important information in a table of contents, index, or glossary How Does Nonfiction Look? Each page has words in a variety of fonts and type sizes. Bold or italic fonts...
  • Liberal Revolutions History 104 / March 1, 2013

    Liberal Revolutions History 104 / March 1, 2013

    Arial MS Pゴシック Times New Roman Wingdings Blank Presentation Liberal Revolutions History 104 / March 1, 2013 Louis-Philippe King of France, 1830-1848 the "bourgeois king" February 1848: Parisians at the barricades Louis Blanc (1811-1882) The scene at a national workshop...
  • IRB Implications of Survey Research

    IRB Implications of Survey Research

    Risks/Benefits. Risks to privacy/confidentiality "Discomforts" Deviation from standard/usual care (i.e., some aspect of their care, even minor, is not determined by their physician/provider, but is driven by protocol, or is 'extra')
  • How do I get AO2 marks in my

    How do I get AO2 marks in my

    You may even have discussed models, such as the Bradshaw model, when teaching this key idea - although it clearly IS NOT NECESSARY to teach this model for WJEC GCSE Geography B. Reinforce, at this point of the presentation, that...
  • Trigonometric Functions

    Trigonometric Functions

    Unit Circle Rationale. Recall that when using the unit circle to evaluate the value of a trig function, cos θ = x and sin θ = y.What we didn't point out is that since the radius (hypotenuse) is 1, the...
  • Progress in Fish Health at Lyons Ferry complex

    Progress in Fish Health at Lyons Ferry complex

    BCWD outbreak treated with Aqualfor medicated feed. Some repeat treatments. Additional improvements are needed i.e. vaccine. Fish Disease Lyons Ferry Tucannon IHN in RB & SS BKD in CHS & CHF BGD in CHF BCWD in RB & SS Hatchery...


    The USPAP Reporting Standard "clearly and accurately set forth the appraisal in a manner that will not be misleading." "contain sufficient information to enable the intended users of the appraisal to understand the report properly.…" Note that only the intended...
  • Everything you need to know about Christianity

    Everything you need to know about Christianity

    If you are good you can go straight to Heaven - paradise. Jesus is there seated at God's right hand. There is no time, suffering or anything unpleasant"there shall be no tears" It is the direct experience of God's love....