D Civil Law

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 –

■

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 –

■

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: –

■

Comparative: –

■

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 –

■

Money

Injunction –

Ordering a person to do or not to do something.