11 28 12 Lectures for Quiz 4 Tort Law Page 571 in Outline Quiz 4 on Friday December 7th Personal injury Definition of Tort pg 581 an omission or a wrongful act against a person or his property Tort law is in the private law area civil lawsuit Plaintiff vs Tortfeasor person who commits a tort Purpose is not to punish tortfeasor but to compensate the innocent victim not the same as a crime page 581 Joint Tortfeasors 2 or more people who all commit a tort page 581 Joint Several Liability makes it easier for the plaintiff to recover Because you had a part to play even if it was minor you still have liability and are held accountable ex driver in a robbery The plaintiff can recover damages from whoever it s easier to get it from doesn t matter how much you contributed to the tort Egg shell Theory You take your victim as you find them if they have a frailty where their reaction is more than you d expect it doesn t matter you are still responsible for the natural probable consequences of your actions whether you meant it to happen or not Deep Pocket Theory we sue as many defendants as we can want to go after the ones with the deepest pockets the most money Tort Theories pg 572 Committed the tort intentionally because of negligence or strict liability committing an activity considered dangerous you are accountable Intentional Tort Theory 582 594 actions that could result in criminal prosecution along with the civil tort conviction punitive compensatory Assault pg 582 583 placing someone in reasonable apprehension of impending imminent immediate danger Ex Swing miss of a punch shooter has a gun but no bullets No contact Battery 582 583 unprivileged contact with another actual contact Mental distress 583 some activity has been so outrageous and upset the victim so much and was performed intentionally and it has caused the victim physical ailments headaches can t sleep nauseated False imprisonment 586 detained limits their mobility against their will with no reasonable means of escape merchant detaining shoplifters Malicious prosecution false arrest 586 you have been arrested by the police for no reason Arrested for the sole intent of harassing you Defamation 587 someone else has published communicated a falsehood about you to third parties verbally in writing The statement communicated must be false Intentionally spreading a false statement that damages your reputation intent to harm Truth is the absolute defense Applies to individuals Two classifications Libel written defamation Also includes broadcast radio recorded video or movie etc More damages if classified as libel Damage is permanent can be spread Slander verbal oral defamation Satire humor doesn t count because it s not done with the intent to harm Invasion of Privacy 587 Fraud 589 590 four elements of misrepresentation intent misleading on Trespass 586 587 someone coming on your real property land air rights purpose sienter subsurface etc Trespass to personal property theft in criminal law take your property without your permission Conversion 587 similar to trespass to personal property Someone takes your personal property without your permission and change it s makeup nature so that it can t be returned to you in it s original state Example Take clothes to the drycleaner They gave it to someone else don t know where it is or they spilled something on it ruined it somehow Take watch to be repaired it s sold to someone else Nuisance Activity conducted on an adjoining property that interferes with the enjoyment of your own real estate property Page 574 of outline 593 594 readings Intentional Business Torts Injurious Falsehood or Trade Disparagement business version of defamation competitor or customer making untrue statements that affects your business reputation Intentional Interference with Contractual Relations Private agreement between two parties contract a third party comes in and interferes causing one of the original parties to breach the agreement can sue the 3rd party Example Employee wooed by competitor to work for them but he s still under your company s 3 year contract Get more damage repayment deep pocket theory Could sue both employee and competitor but probably better to just sue the competitor because you want that employee back at your company Trade Secret Violation Trademark Infringement Patents Copyrights Page 575 Second Theory of Tort Liability NEGLIGENCE pg 594 Four elements you have to prove Duty of Care defendant owes the plaintiff a duty of care 595 Contract agreement statute traffic laws Legal not moral duty of care Good samaritans moral Defendant breached his duty of care 597 Based on the conduct of the reasonable man Injury plaintiff has to have been injured Causation 598 600 Have to prove that plaintiff s injury was caused by the defendant s breach of duty of care direct consequence Actual 598 599 Proximate cause 600 sidebar 10 9 Race ipsa Locitor Latin phrase Doctrine presumption to help plaintiff win lawsuit because the activity is in complete control of defendant Court will presume there was a breach of duty of care Defendant has to prove it wrong because they have the details Affirmative Defenses 601 will minimize the plaintiff s recovery defendant s liability Must be brought up raised by the defendant to counteract liability 12 5 12 Page 575 on Outline QUIZ ON FRIDAY Contributory negligence Comparative negligence compare negligence of each party plaintiff cannot recover damages attributed to their own negligence only negligence from the defendant Assumption of the Risk Doctrine The plaintiff entered into it whatever activity Ohio knowingly so accepted the risk Strict Liability 578 of outline pg 602 Ultra Hazardous or inherently dangerous activity Doctrine of Respondeat Superior 651 based on theory of strict liability Employees should be strictly liable for employees torts if the tort occurs during the course of employment AND within the scope of the employee s authority State Worker Compensation Statutes 608 Previously could only sue on theory of negligence breached duty of care Companies used the Assumption of the Risk as a defense 650 Difference between employee independent contractor Substance over Form test to counteract companies trying to classify their employees as independent contractors to lessen their liability If employer treats the employee as an employee even though they are labeled as a contractor the courts will strike it down
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