TortI. Definition- a civil wrong, other than breach of contract, for which the law provides a remedy in the form of a lawsuit for money damages. a. Ex. Civil Wrong Committed, can sue person for moneyb. Negligencec. Comes from word meaning Tortus- crooked; twistedi. Not straight path people are expected to follow. II. A tort involves a direct interference with:a. A person: your body, they hit you over the head with a lead pipe.i. This is the tort of batteryii. Car Crash, you are in the car and someone hits the car you were in. b. Property: theft, conversion- had possession and control of something that is not yours. i. You go on your motorcycle and drive through someones front law and ruin their garden.c. Intangiable interest- patents/copyrightsi. Law of defamation (slander/Libel) ruins a reputation.III. Tort Liability (responsibility: pay $$$ damages)a. Intentional Tort- something along the lines of criminial intent.i. Example: you hit me in the head with a lead pipe, you meant to do it and it was intentional.b. Negligence- automobile negligence (most common)- speeding or drunk driving. i. These are careless, you were negligentii. This isn’t don’t with intentiii. You don’t mean to hit someoneiv. Professional negligence- Dr. or Lawyer, didn’t mean to harm you.c. Strict Liability- you didn’t intend to do this, nor were you negligent.i. You are responsible regardless of your level of care.ii. Example: Explosives IV. Intentional Tortsa. Assault: used interchangibly with battery, there isn’t uniformity. It is defined as: intentional act of putting another person in apprehension for his physical safety. EX.pointing at gun at youi. Actual physical contact is not required. 1. The trigger doesn’t need to be pulled, you are pointing agun and I am afraid.ii. There must be present, apparent ability to carry out the threat.1. When a gun is pointed, threat doesn’t have to be verbal because he can pull the trigger and you can be killed.2. What if the gun isn’t loaded? It looks like it could be and therefore you can be a victim of assault.3. Apparent= appearance, what does it look like to you?iii. THE SAME ACT COULD BE BOTH A TORT AND A CRIME1. You can be arrested for criminal act, but sued civilly through a tort. Example: sue someone for killing, OJ simpson was fund not guilty, but then sued by the family for 30 million$ since there is a different burden of proof in civil court than in criminal court.b. Battery: The intentional touching of another person without consent or justification.i. Consent1. Express- by works (oral or written) or a consent form2. Implied- by conduct- behavior; draw conclusion that you gave consent3. Informed consent- consent without knowledge is no consent at all.a. Doctor comes in and you sign a release giving consent, however if the doctor doesn’t tell you about the negative side effects because he didn’t want to scare you.b. Example: doctor branded uterus of woman before removing it.ii. When you actually shoot the person. iii. Touching: doesn’t have to be through direct touching of a body part, I can touch you with a knife or bullet.iv. 2nd hand smoke is considered touching and so is spitting, it doesn’t have to harm you.c. Damages in Intentional Tort Casesi. Actual- compensatory damages- non-economic, loss of life, consortium. Economic: medical billsii. Punitive Damages- punishing/deterrence
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