By Mike Hunton Tort Law (civil law) Tort – A wrong against an individual

By Mike Hunton

Tort Law (civil law)

• Tort – A wrong against an individual

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law

The United States Constitution

7th Amendment

Intentional Torts

Where the defendant (actor) knew or should have known that his/her actions would harm the plaintiff (victim).

Tortfeasor – someone who commits torts

Types of Intentional Torts

• Assault• Battery• Trespass• Conversion• Intentional Infliction of emotional distress• Invasion of privacy• Fraud• Defamation

Assault

• Putting someone in immediate fear of life and limb (fear of physical harm)

Assault with a deadly weapon

Battery

• Unlawful touching (with or without a weapon)

Trespass

• Interference with the victims property

Conversion

• Unauthorized use of property

1.Copy write violations2.Patient violations3.Using another's property without

permission- MP3’s- Movies

Intentional Infliction of Emotional Distress

• Extreme or outrageous behavior that causes severe emotional distress

Examples:

1. Telling someone a relative died (a lie)2. Emotional Abuse3. Harassment

Invasion of Privacy

• Prevents stalkers, wiretaps, computer hackers

• Placing someone in a false lightExample: Doctored pictures

Fraud

• Using deceit, to trick people out of their money (liar), or things of value.

Defamation

• Destruction of someone’s reputation– Libel is written

defamation– Slander is oral

defamation

Unintentional Torts

• Negligence• Strict Liability

Negligence

• Failing to do, or not do, what a reasonably prudent person would do in the same situation.

Strict Liability• Unusually dangerous

activities• Liability even if the

defendant is not at fault

1. Using explosives, harboring dangerous animals, having toxic materials.2. Product liability (defective products)

The Ford Pinto