TORT LAW 1 Types of wrongs 1 Tort civil wrong victim sues defendant in civil court 2 Crime criminal wrong prosecutor charges defendant in criminal court 1 Breach of contract civil wrong handled in civil court must be part of the contract to sue or be sued for breach Tort and Breach of contract can be handled at the same time in the same court 2 Intentional torts largest group all have own elements Plaintiff must prove intent Plaintiff shows a voluntary act on the part of the defendant or if intended consequences occurred 1 intent defined 2 intentional torts against persons i assault no contact reasonable fear of harm potential harm is immediate All three must be present ii battery harmful OR offensive contact successful with this they win defenses to assault and battery defendant says yes but if defendant is is excess consent if you choose to take part like playing sport unless there with deadly force gun or knife must use non deadly force if presented with non deadly force escalation rule once victim of initial attack has protected themselves their use of self defense must end self defense defendant can only use deadly force when presented defense of property can use force to protect your property but can NEVER use deadly force to protect your property unless you are in danger of deadly force being used on you defense of others includes at least three people involved Person 1 plaintiff in lawsuit first aggressor victim Person 2 innocent party that needs self defense but cannot protect themselves Person 3 gets sued comes to the rescue of the innocent party riers through the threat of physical force application of physical force iii false imprisonment being denied liberty without cause Through physical bar body question search and detain somebody in a reasonable fashion if they are engaged in shoplifting shopkeepers privilege gives merchant or worker the right to stop some iv intentional infliction of emotional distress v defamation defenses to defamation truth public figure privileged speech absolute v qualified vi invasion of privacy appropriation intrusion false light public disclosure vii fraudulent misrepresentation 6 elements 3 intentional torts against property i trespass to land curtilage law enforcement rule attractive nuisance EXAM 2 necessity works like a defense allow someone to choose lesser of two evils Skiing snowstorm die in storm or break into log cabin If sued for trespass to land you have a defense and defense to intrusion Cause of action if force people out of store and do not give a choice to stay when tornado coming and they get injured you are liable erty Taking laptop or cutting lock on locker and replace it with another ii trespass to chattels personal property defendant interferes with use of prop erty and reasonably believes it is theirs Dinner party take wrong coat or purse by accident mistake of fact only available to defendant who has possession of prop iii conversion cannot have conversion without trespass to chattels defendant 1 stole property defendant 2 received stolen property If you pass property on to third party Defendant 2 conversion Defendant 1 trespass to chattels and conversion 2 forms 1 take property than destroy it intentionally 2 owner plaintiff 3 Negligence 1 negligence no intent but plaintiff has to show fault show risk easy and foresee abil ity difficult 2 Elements of negligence i duty of care plaintiff must show defendant owed a duty of care reasonably prudent person in similar circumstances landowners owns property or rent property can come onto property business invitee come on property for landowners benefit to remove all dangers possible and to warn against dangers that cannot be removed customers Licensee comes on property for their own benefit have to have permission property owner has to warn about all dangers hunting on land CTULA continuing trespasser upon a limited area starts as a trespasser but do it repeat edly gain same protection as a licensee attractive nuisance Trespasser has no permission do not have to warn them cannot purposely hurt that person other business invitees landowner is the defendant store has a constant duty to make sure grounds are safe self service store rule only business invitees protection against Law is not good for them professionals expected to be perfect licensed doctor lawyer dentist hosts who provide alcohol Get drunk at bar drives home hurts someone the hurt person can sue the drunk the bar and the waiter Also applies if someone leaves your house drunk Dram Shop laws criminal and civil function on commercial and social duty to rescue general rule is there is not duty to rescue exception is people with contract employment to save people life guard police EMT if you have a blood relationship parent spouse children Special relationship roommate mutual dependence 2 people mountain climbing cue but choose to do so anyways as long as they are acting in good faith Good Samaritan laws protect those who do not have duty to res ii breach of duty if you were suppose to remove dangers but didn t tional to person iii injury must have an injury physical to person physical to property or emo iv causation link between breach and injury both must be met actual cause cause and effect you didn t do this and I got hurt man gets on fireworks go off scale falls on her legs proximate cause foresee ability lady on Boardwalk waiting for train 3 defenses under negligence can apply to all forms of negligence i assumption of the risk requires defendant to show 2 things on part of plaintiff 1 the plaintiff acted voluntarily 2 the plaintiff knew of the risks ahead of time Express convey risks in written verbal language Implied plaintiff shows the defendant knew the risks because the defendant has done the activity so many times paintball exp ii contributory negligence defendant proves the plaintiff was also negligent in causing their own injuries1 who can use it employer who has an employee that injures the plain tiff 2 damages employer does not have to pay anything iii comparative negligence used by everyone but an employer 2 systems the percentage you are wrong pure California New York percentages are absolute must pay sible but no more than that to still recover that percentage of the amount awarded partial 50 most states including OH plaintiff can be as respon iv intervening cause car goes up on sidewalk person goes into the street and gets hit by another car Both drivers liable argue how responsible each is to
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