Buslaw05 Tort Law

8/9/2019 Buslaw05 Tort Law

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1. Differentiate between the objectives oftort law and those of criminal law.

2. Discuss the element of duty.

3. Identify the principal intentional torts andoutline the elements of each.

4. Determine the four elements of

negligence.

TORT LAW

Chapter Outcomes:

Chapter 5


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5. Contrast contributory negligence,

comparative negligence, and assumption ofthe risk.

6. Judge whether the doctrine of strict liability

applies in a particular case.

7. Outline the various remedies available in

tort law.

TORT LAWChapter 5

Chapter Outcomes (continued):


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8. Distinguish between survival statutes and

wrongful death statutes.

9. Discuss the concept of damage caps.

10. Identify the principal innovations suggested

for modern tort reform.

TORT LAWChapter 5

Chapter Outcomes (continued):


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Tort Law Defined

Tort Law Versus Criminal Law

Respondeat Superior

The Element of Duty

55--11


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55--11

1. The primary purpose of tort law is to

protect the entire society.

Topic Quiz

FALSE

Answer the following true/false questions:

That is criminal law.


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55--11

2. A duty is an obligation placed

on individuals because of law.

Topic Quiz

TRUE



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55--11

3. A duty can be violated only by intent or

through negligence.

Topic Quiz

FALSE


Also under the theory of strict liability.


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Intentional TortsAssault and Battery

False ImprisonmentDefamation

Invasion of Privacy

Infliction of Emotional Distress

Interference with a Contract

55--22


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LawLINKS

Chapter 5Chapter 5

Sources of information about tort law can be

accessed at:

http://www.law.indiana.edu/law/

v-lib/tort.html

The site is named Tort Law from the WWW

Virtual Law Library.


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55--22

2. False imprisonment is

also known as false

arrest in some states.

Topic Quiz

TRUE



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55--22

3. The actual malice test in defamation cases

is not applied when the defendant iseither a public official or a public figure.

Topic Quiz

FALSE


It may be applied to all persons.


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Negligence

Elements of NegligenceDefenses to Negligence

55--33


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A Question of Ethics

In Example 5-6, when the Transglobal mechanics

failed to prepare the landing gear properly, they could

not foresee that the fire truck would have a blowout,smash into a light pole that would hit Carbonaris car,

and damage both the car and the laser disk player in

the trunk. Therefore, legally, their conduct was not

the proximate cause of the damage to the car and the

laser disk player. However, would Transglobal owe an

ethical duty to reimburse Carbonari for the damages

that were inflicted on his car and his laser disk

player? Explain.

55--11


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55--33

1. A legal duty must exist

between the parties before

liability through negligence

can be established.

Topic Quiz

TRUE



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55--33

2. The reasonable person

test is an objective test.

Topic Quiz

TRUE



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55--33

3. Proximate cause is the

connection between the

unreasonable conductand the resulting harm.

Topic Quiz

TRUE



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Strict Liability

55--44

Grounds for Strict Liability

Product Liability


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LawLINKS

Chapter 5Chapter 5

Trials Digest Publishing, Inc., maintains a

website at

http://www.trialsdigest.com

There is a fee attached to some informationon this site.


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55--44

1. Under strict liability, the court will hold a

tortfeasor liable only if the injuries to thevictim are intentional.

Topic Quiz

FALSE


For any reason.


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55--44

2. If a product is sold in a defective condition, but

the victim is a user of the product, not the

purchaser, then product liability cannot be

used by that victim in a lawsuit against the

manufacturer and the seller.

Topic Quiz

FALSE


It can be.


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55--44

3. In most states, product liability

is not available as a cause of

action if the only property

damaged is the product itself.

Topic Quiz

TRUE



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Remedies for Torts

55--55

The Right to Damages

The Right to an Injunction


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55--55

1. The compensation paid

to a victim of a tort is

known as damages.

Topic Quiz

TRUE



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55--55

2. Economic compensatory

damages are those that

are directly quantifiable.

Topic Quiz

TRUE



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55--55

3. Punitive damages are never permitted ina tort case.

Topic Quiz

FALSE


The are permitted.


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Tort Reform

55--66

Survival Statutes

Wrongful Death Statutes

Damage Caps

Modern Tort Reform


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55--66

1. Damage caps place upperlimits on the amount of

money that can be awarded

to a plaintiff in a tort lawcase.

Topic Quiz

TRUE



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55--66

2. An end user is a purchaser who is

involved in the production orassembly of a product.

Topic Quiz

FALSE


An end user is NOT involved.


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55--66

3. No states have permitted the use of

comparative negligence as an affirmativedefense in product liability cases.

Topic Quiz

FALSE


Some states have permitted the use.


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55--11 A tort is a private wrong that injures another

persons physical well-being, property, or

reputation.

The primary intentional torts include: assaultand battery, false imprisonment, defamation,

invasion of privacy, infliction of emtional

distress, and interference with a contract.

55--22

SUMMARY

55--33 Negligence is the failure to exercise the degree

of care that a reasonable person would have

exercised in the same circumstances.


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55--44 Under the doctrine of strict liability, when

people engage in ultrahazardous activities, they

are liable for any harm that occurs because of

that activity, regardless of intent or level of

care.

SUMMARY (continued)

Tort remedies include money damages and

injunctions.

55--55

Survival statutes allow a lawsuit to be brought

even if both the plaintiff and the defendant are

deceased.

55--66


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Key Termsactual malice assault

battery tort

comparative negligence tortfeasor

contributory negligence damage cap

damages defamationdefective condition duty

economic damages end user

false imprisonment injunction

infliction of emotional distress libel

interference with a contract invasion of privacy

non-economic damages negligence

respondeat superior slander

statute of repose strict liability

wrongful death statute punitive damages

Chapter 5Chapter 5


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Investigating on the Internet

Chapter 5Chapter 5

As a research assignment, access the

Association for California Tort Reform

(ACTR) at

http://www.actr.com/actr/

and write a report about tort reform

legislation in California. As an alternative

assignment, you might want to write a

report on current research being conducted

byACTR.


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Endof Presentation

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Buslaw05 Tort Law