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ECU FINA 2244 - Chapter 6 Outline

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CHAPTER 6TORTSI. Tort Law – Definition and Sources Pg 141 A. Definition: 1. Tort: Breech of a duty owed to another that causes harm, civil wrong for which the law provides a remedy2. Tortfeasor: Commits a tortB. Intersection Between Crimes and Torts: Can be both, assault by pointing a gun, C. Punitive Damages: Where torts arise, conduct that is and is not acceptable,decisions are madeII. Negligence Pg 141-143A. Definition: Act or omission that results in harm of another to whom the person owes a duty of care. Mis-practice in hospital or texting and driving B. Four elements1. duty to injured party: a. ordinary care b. RPP/UTC: Not liable What would the Reasonably prudent person do under the circumstance. c. Squish La Fish: Adhesive tape, incorrect information about false information Pg. 1432. Breach: Duty and you breeched it through a failure to act3. Causation: Pg. 144a. cause in fact – but for: If the event wouldn’t have caused without itb. proximate: Limited liability from foreseeable eventsi. Palsgraf: Pushed onto train track and fireworks go off. Chain of events were not foreseeable. Pg. 145ii. Superseding cause: Connection is broken by an intervening act. ECU hole, Being pushed into a holeis an intervening act. Pg 145-1464. Damages: Showing you have suffered some harm or injuryC. Defenses Pg. 148-1491. Assumption of risk: Injured party assumes the risk of harm cannot recover compensation. Must prove they were aware and volunteer to take on the riska. definitionb. Lilya and McCune: Paintball player signs contract, uses a mask that does not fit and is hit, not liablec. Geczi: Hurt on Treadmill, signed gym contract, gym in not liable2. Contributory negligence: Doctrine that states negligence of plaintiff is a bar to compensation, applies in NC. 3. Comparative negligence: Doctrine that damages are reduced by percentage of damages from plaintiff’s negligence. 50% or more no recovery. Pg 149III. Intentional Torts Pg 150-154. A. Definition: willful acts that invade protected interestB. Intent – three meanings: defendants state of mind, if they knew of the consequences, C. Assault: Intentional conduct to a person that puts the person in fear of contact. Person knows they are being threatened, held at gunpoint D. Battery Pg. 1521. Definition: Unlawful touching, hit by bullet2. Fuerschbach: Offend a person’s sense of dignity E. Defenses to Assault and Battery1. Consent: Permission to wrongdoer2. Privilege: Idea that you have an immunity from liability for protection3. self-defense: Right to defend yourself, reasonable person to use, duty to retreat from attacker4. in defense of others: Do not have to standby, may use resources5. in defense of property: Property in not worth more in life, not allowed to inflict harmF. False Imprisonment1. Definition: Intentional holding, EX: shoplifting, must have a statute, NC 2. Defense: 3. Caldwell: Accused of shoplifting, held in custody, false imprisonment4. Forgie-Buccioni: Falsely accused of theft, sues for false imprisonmentG. Infliction of Emotional Distress Pg. 155-1561. Definition: Creates mental distress2. Monsanto: Panic attack from yelling by boss, ruled no3. Lawler: Ruled no for boss being rude, not emotional distress, no symptomsH. Invasion of Privacy Pg.157-1581. 4 ways to commit tort: General idea that a person has the right ofsolitude. Use somebody’s name or ID without permission, invadesolitude, false light with misinformation, publicly exposing private facts, EX Gossiping 2. Pachowitz:3. James: Fired from dealership, forged signature, benefit of identity. Invasion of privacy Pg. 158I. Defamation: False communication to ruin reputation Pg. 1591. Slander: Spoken2. Libel: Printed or written or broadcasted3. three elements: Communicated to a third person, causes harm to the person, False statement is made4. defamation per se – Republic Tobacco: Do not have to show harm to the person. EX: stating that somebody has a disease or impeaching a person in their profession or business. 5. defenses to defamation Pg. 161a. truth: If what is said is trueb. absolute privilege: Statement is made from freedom of speech in politics. Prudery- lied under oathc. conditional privilege: Made in good faith, qualified privilege - Chambersd. constitutional privilege: Protects members of the press who publish information about political figures. Guilty if stated with


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