CHAPTER 5

Torts and Civil Law

Torts

Tort When one person causes injury to another by failing to

respect that person’s rights or security Civil wrong against an individual

Damages in Tort actions awarded by court to repay an injured party for any loss

suffered Elements of a Tort:

Voluntary Involuntary Duty – legal obligation to do or not to do something Breach – violation of the duty Injury – harm that is recognized by law Causation – proof that the breach caused the injury

Torts

Every tort has these elements: a wrongful act or failure to obey

the law An injury to some person

Generally fall into 3 general categories: wrongs affecting another’s

FREEDOM & SAFETY wrongs affecting another’s

POSSESION & OWNERSHIP OF PROPERTY

wrongs affecting another’s REPUTATION

Duties

DUTY duty not to injure another (bodily injury, injury to

someone’s reputation, or invasion of privacy) duty not to interfere with the property rights of

others (trespassing) duty not to interfere with the economic rights of

others (such as the right to contract) Violation of a duty is called a breach of duty

Eminent Domain

Refers to power possessed by the state over all property within the state, specifically its power to appropriate property for a public use

Under the Fifth Amendment to the Constitution, the owner of any appropriated land is entitled to reasonable compensation, usually defined as the FMV of the property

Example: O’Hare Expansion project Expand & reconfigure runways to

improve efficiency at O’Hare Demolished about 600 homes and

businesses and removal of two cemeteries

The Process of Eminent Domain

Govt attempts to negotiate purchase of the property for FMV

If owner does not wish to sell, the govt files a court action to exercise eminent domain

A hearing is scheduled, at which the govt must demonstrate that it engaged in good faith negotiations to purchase the property but that no agreement was reached. The government must also demonstrate that the taking of the property is for a public use, as defined by law. The property owner is given the opportunity to respond to the government's claims.

If the government is successful in its petition, proceedings are held to establish the FMV of the property. Any payment to the owner is first used to satisfy any mortgages or liens on the property, with any remaining balance paid to the owner. The govt obtains title.

If the government is not successful, or if the property owner is not satisfied with the outcome, either side may appeal the decision.

Intentional Torts and Negligence

Intentional Torts Deliberate breach of a duty Intent to produce injury is not

required Assault/battery, false

imprisonment, defamation, etc Negligence

Torts based on carelessness are classified as negligence

Most common form of torts Intent to injure is not required in

this tort – only carelessness is required

Injury – must be proven If you act recklessly and no one is

injured, there usually is no tort

Reasonable Person Standard

Reasonable Person Standard Requires you act with care

and good judgment of a reasonable person so as to not cause injury to others

Degrees of this standard Vicarious liability Intentional Torts Assault

Age makes a difference Children under 7 are held

incapable of negligence Older children are only

required to act with the care of a reasonable child of their age

If child takes role of adult activity (driving car, boat) they then can be held to an adult standard

Slander, Libel, Invasion of Privacy Slander – saying something

false Libel – writing something

false Invasion of Privacy

Uninvited intrusion into a individual’s personal activities

No illegal eavesdropping with listening device, interference with telephone calls, unauthorized opening of letters

However, police have right to tap telephone lines secretly if they have a warrant

Politicians, actors, etc give up much of their right to privacy when they step into the public domain

Types of Liability

Vicarious Someone else is responsible for

the wrongful act of another (parents responsible for their children)

Absolute Responsible for injuries that

result even though all reasonable care has been taken

Strict Manufacturers are responsible

for consumer injuries caused by defective products

Contributory Negligence

Contributory Negligence OLD LAW: cannot recover for loss if the

plaintiff was negligent NEW LAW: Comparative Negligence (IL

has this) Assumption of Risk – you know the

dangers and decide to do it anyway Strict Liability – you are liable

For example, Manufacturers are liable for their products

Damages

Injunction Court order for a person to do or not to

do a particular act. Damages

Monetary award to an injured party to compensate them for loss

Types: compensatory damages – actual dollar

amount of loss punitive damages – meant to punish

(usually in the millions) Collecting of $ damages

writ of execution states how damages will be paid

McDonald’s Coffee Case

Read article relating to torts and tort reform Assignment: Complete questions at the end

of the article using vocabulary and concepts you have learned over the past two days