Torts Intentional Torts Negligence 01 01 2021 BUSA 2106 1 Torts What is a TORT A civil wrong where the actions behavior of one unfairly cause harm or injury to another Not illegal just injurious Non contractual Usually involves plaintiff must prove An act If the act is intended intentional tort If the act is unintentional negligence A result Damages 01 01 2021 BUSA 2106 2 Intentional Torts 01 01 2021 BUSA 2106 3 What is INTENT Tortfeasor defendant actually meant to take the complained of action If the tortfeasor intended a specific harm to result from the act it is specific intent If the tortfeasor just intended the act itself not the specific harm having knowledge that the act would have some consequence it is general intent Transferred intent occurs when the tortfeasor intends to act towards upon one party however that intentional act actually injures someone completely different 01 01 2021 BUSA 2106 4 FRAUD Defendant makes a false statement or material important omission With scienter knowledge of the falsity Having intent to induce the plaintiff to do or not do something and The plaintiff justifiably relies on the false statement and does does not do that thing Resulting in damage to plaintiff 01 01 2021 BUSA 2106 5 INVASION OF PRIVACY Public disclosure of private facts Which facts are private secluded or secret facts and not public record The publication of which would be offensive and objectionable to a reasonable person of ordinary sensibilities under the circumstances FALSE IMRISONMENT a detention which is unlawful 01 01 2021 BUSA 2106 6 CONVERSION Intentional act of dominion Over the personal property of another both tangibles and intangibles reduced to physical form So inconsistent with the owner s rights As to warrant payment of the full value of the property damages Examples Wrongful acquisition theft Wrongful transfer selling Wrongful detention refusing to return Substantially changing Severely damaging or destroying 01 01 2021 BUSA 2106 7 TRESPASS To Chattels personal property Intentional act by Defendant Interfering with Plaintiff s right of possession in personal property Resulting in damages Interference can be 1 an intermeddling directly damaging the property dent the car or 2 a dispossession depriving lawful right of possession joyride in the car Actual damages required although not necessarily to the property itself missed work gas used Not as serious an interference as conversion joyride with a scratch v wrapped around a tree 01 01 2021 BUSA 2106 8 TRESPASS To Land Intentional physical invasion of Plaintiff s real property Which causes injury damage Physical invasion can be by person or object baseball and possibly intangible objects vibrations odor Real property includes airspace and subterranean space Intent only requires intent to enter land not intent to enter a specific owner s land 01 01 2021 BUSA 2106 9 Negligence Unintentional Torts 01 01 2021 BUSA 2106 10 Negligence People and companies owe those around them a DUTY to act a certain way If they BREACH that duty and that breach CAUSES some level of injury or DAMAGES they are liable for Negligence 01 01 2021 BUSA 2106 11 Negligence Duty Legal obligation to act with a certain level of care Generally everyone is expected to act as a reasonable ordinarily prudent person and avoid unreasonable risks which may injure others i e Duty of Reasonable Care People owe a Duty of Reasonable Care to who could foreseeably get hurt if you don t act with reasonable care But who is foreseeable to whom is the duty owed Majority View P2 recovers only if a reasonable person would have foreseen a risk of injury to another person under the circumstances zone of danger Minority View If D breached duty owed to P1 duty extended to everyone injured by that breaching action 01 01 2021 BUSA 2106 12 Negligence Duty Under the Duty of Reasonable Care conduct is measured against what an average person similarly situated with same circumstances and limitations would do What is Reasonable can differ based on the person Professionals not just a reasonable person but a member in good standing in similar community Children not just any child but one of like age education intelligence experience Common Carriers Innkeepers not just like any reasonable business but have a heightened duty Owners Occupiers of Land owe certain people more than just reasonableness licensees warn v invitees warn inspect 01 01 2021 BUSA 2106 13 Negligence Duty typically does NOT require you to act unless You start helping someone then you must do so with reasonable care Good Samaritan statutes exempt doctors nurses etc from liability for ordinary NOT gross negligence You negligently or innocently placed someone in danger There is a special relationship parent child can create duty to act You are a common carriers innkeepers shopkeepers gather public for profit then you owe duties to aid assist patrons Generally no duty to prevent third person from injuring another unless You have the actual ability or authority to control the third person s actions AND You know or should know the person is likely to commit acts requiring exercise of that control 01 01 2021 BUSA 2106 14 Negligence Duty to Visitors when you own occupy of land Always have a duty of reasonable care PLUS Duty to Licensees Enter land with owner s permission for their own purpose or business rather than owner s benefit Owner Occupier has an affirmative duty to warn of or make safe known conditions if non obvious and dangerous Duty to Invitees Enter land upon invite from owner occupier for purpose connected with the business business visitor Owner Occupier has an affirmative duty to make reasonable inspections to discover non obvious dangerous conditions and warn of or make safe 01 01 2021 BUSA 2106 15 Negligence Breach Conduct falls short of the required duty Using less care than expected Conduct creates more risk than the law allows Can be established by Custom Violation of Statute Duty Breach established by Negligence Per Se Res Ipsa Loquitor Duty Breach established by an inference of negligence Accident the type usually resulting from someone not meeting the standard of care D had exclusive control of instrumentality of harm at time the negligence would have occurred P did nothing to cause the harm 01 01 2021 BUSA 2106 16 Negligence Causation Factual Causation But For Causation What D did actually caused the harm Injury would not have occurred but for Defendant s actions Train station example at least