2.03 Civil Law
What is a tort? â–
One person’s interference with another person’s rights, either through intent, negligence, or strict liability.
Based on 4 rights: ■
Right to: – – – –
Be free of bodily harm Enjoy a good reputation Conduct business without interference Have property free from damage or trespass
Intentional vs. Unintentional ■
Intentional –
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know and desire the consequences of your act
Unintentional –
lacks the determination of mind.
Types of Torts
Complete tort handout by end of class
Negligence â–
Failure to exercise a degree of care that a reasonable person would have exercised in those circumstances
Required elements: ■
1. Duty of Care –
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Defendant owed the plaintiff a duty of care (based on the concept of their rights - stated previously).
2. Breach of Duty –
Did the defendant exercise the same degree of care that a reasonable person would have.
Elements continued ■
3. Proximate Cause – –
something that produces a result, without it the result would no have occurred. Foreseeability Test ■ Was
the injury to the plaintiff foreseeable at the time the defendant engaged in the unreasonable conduct?
■
4. Actual Harm –
must show harm.
Defenses to Negligence ■
Contributory: –
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Comparative: –
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Negligence on the part of the plaintiff assisted in causing his or her injuries. Determine % at fault and pay that %
Assumption of Risk: –
Plaintiff knew the risk and still participated in the activity.
Strict Liability Ultrahazardous activities are so dangerous that the laws of negligence do NOT apply to them. ■ Examples: ■
– – –
Wild Animals Toxic Chemicals Explosives
Remedies ■
Compensation –
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Money
Injunction –
Ordering a person to do or not to do something.