BCOR 3000 Chapter 4 BCOR 3000 Chapter 4 Professor Michael Maciszewski Professor Michael Maciszewski Esquire Esquire September 22 2015 and September 24 2015 September 22 2015 and September 24 2015 Agenda Today and Agenda Today and Thursday Thursday The Basis of Tort Law The Basis of Tort Law Damages Damages The Two Types of Torts The Two Types of Torts Intentional Torts Intentional Torts Unintentional Torts Negligence Unintentional Torts Negligence Strict Liability Strict Liability 1 1 2 2 3 3 4 4 The Basis of Tort Law The Basis of Tort Law Tort A wrongful act other than a breach of contract that results in harm or injury to another and leads to civil liability A civil wrong entitling victim to compensation Not a crime but often occurs in connection with one Business Tort wrongful interference with another s business rights and relationships The Basis of Tort Law cont d d The Basis of Tort Law cont Society tries to ensure those who have suffered injuries as a result of the wrongful conduct of others receive compensation from the wrongdoers In doing so the goal is to protect interests Physical safety and health Real and personal property Intangible interests e g reputation Developed through common law Damages cont d d Damages cont Compensatory Damages a monetary award which compensate the aggrieved party plaintiff for the actual value of injuries or damages sustained Special Damages compensation for quantifiable losses Medical expenses lost wages and benefits extra costs lost or irreplaceable items and repair replacement costs of damaged property General Damages compensation for individuals not businesses for non monetary aspects of harm suffered Physical or emotional pain and suffering loss of companionship disfigurement physical or mental impairment Damages cont d d Damages cont Punitive Damages monetary damages awarded by court to punish wrongdoer and deter others from doing the same losses Only when wrongdoer s conduct was excessively bad Intentional torts Gross negligence Typically not in cases of negligence Limited by Due Process Clause of the U S Constitution so they can be reduced on appeal if deemed excessive Example involving Damages and Example involving Damages and Liebeck v McDonald s more more Tort Reform Statistics Tort Reform Statistics 250 billion in tort litigation costs in 2012 Equal to 2 2 of GDP roughly 838 per person Impact on Health Care 27 of health costs are attributed to tort litigation expenses America s Ongoing Tort Litigation Nightmare Forbes January 19 2012 Tort Reform cont d d Tort Reform cont Goal is to minimize number of trivial and unfounded cases Macro goal is reduce the tort tax which is acts as a drag on the economy Costs of settlements passed on to consumers in the form of higher prices Means Limits on punitive damages and general damages Caps on contingency fees for plaintiff s attorneys Require losing party to pay attorney fees Two Types of Torts Two Types of Torts Intentional Torts Assault and Battery False Imprisonment Intentional Infliction of Emotional Distress Defamation Libel and Slander Invasion of Privacy Fraudulent Misrepresentation Intentional Torts Against Property Unintentional Torts Negligence Strict Liability Intentional Torts Intentional Torts 1 Intentional Tort a wrongful act which is knowingly committed Tortfeasor intended to commit the wrongful act which interferes with another person s interests in a way not permitted by law Intent does not have to be malicious Rather the tortfeasor must have deliberately committed the act but could possibly not have intended to cause harm to the injured Tortfeasor one who commits a tort Intentional Torts cont dd Intentional Torts cont Assault any word or action intended to make another person fearful of immediate physical harm Occurs even if there is no actual contact with the plaintiff Intentional Torts cont dd Intentional Torts cont Battery unexcused harmful or offensive physical contract with another that is intentionally performed Physical injury need not occur Contact can occur as a result of some force set in motion e g a rock thrown Offensiveness determined by reasonable person standard Plaintiff compensated for physical and or emotional harm Defense reason offered and alleged by a defendant relating to alleged actions as to why the plaintiff should not recover i e why conduct was justified Self defense and or defense of others Intentional Torts cont dd Intentional Torts cont False Imprisonment the intentional confinement or restrain of another person s activities without justification Can be accomplished through the use of physical barriers physical restraint or threats of physical force Not by moral pressure or threats of future harm Detained person must be held against his or her will Usually not in a prison Relevant in business context when merchants detain a suspected shoplifter Intentional Torts cont dd Intentional Torts cont Intentional Infliction of Emotional Distress an extreme and outrageous act intentionally committed that results in severe emotional distress to another Must be so extreme and outrageous that it exceeds the bounds of decency accepted by society Example actions of a stalker Intentional Torts cont dd Intentional Torts cont Defamation anything published or publicly spoken that causes injury to another s good name reputation or character Libel defamation in writing or another form having the quality of permanence e g digital recording Slander defamation that is spoken Intentional Torts cont dd Intentional Torts cont Requirements all needed to prove libel or slander False statement Factual in nature not an opinion Publication communicated to a third party not the defamed party Causing injury to a person s reputation Damages for libel Damages for slander General damages are presumed once all requirements are met Plaintiff must prove special damages to establish the defendant s liability due to temporary nature of spoken word Intentional Torts cont dd Intentional Torts cont Defenses against Defamation Statement was true Privileged communication immunity Absolute Privilege Court proceedings Legislative debate Qualified Privilege Public figure unless Actual Malice statement is made with either knowledge of its falsity or a reckless disregard of the truth Example involving Defamation Example involving Defamation Jesse Ventura v Chris Kyle Public figure 1 8 million in damages awarded Intentional Torts cont dd Intentional Torts cont Invasion of Privacy embodied by