Torts
Specific area of the law designed to compensate a plaintiff who has been injured by the defendant.
2 Types of Damages Available to Plaintiff
- Compensatory Damages (Medical bills, lost wages, pain & suffering)
- Punitive Damages (Punishes the defendant)
3 Types of Torts
- Intentional Tort - Defendant meant to harm plaintiff
- Negligence - Defendant accidentally harmed plaintiff
- Strict Liability - Defendant is liable for committing an action
Intentional Torts
- Assault
- Battery
- False Imprisonment
- Defamation
- Outrage
- Invasion of Privacy
- Fraud
- Trespass to Land
- Theft
Assault
Fear of Harmful contact
Battery
Harmful or offensive contact
False Imprisonment
Intentional confinement of a person against their will & without justification
Defamation
A false statement made by one person to another & heard by a third party opinion is not defamation
Outrage
Acts that are so extreme that they cannot be tolerated in a civilized society
Invasion of Privacy
Subjecting a person to undesired publicity
Fraud
A false statement made by the defendant knowing it was false & plaintiff reasonably believed.
Trespass to Land
Interference w/ a person’s right to exclusive possession of land
Theft
Stealing personal property
3 Big Defenses in a Defamation Case
- Truth - absolute defense
- Absolute Privilege - Statements made in court
- Qualified Privilege - Statements made by a supervisor evaluating an employee
Negligence
Defendant accidentally hurts the Plaintiff
Plaintiff Must Prove 4 Things in a Negligence Case
- Defendant owed Plaintiff a duty of care
- Defendant breached duty of care
- Defendants act caused Plaintiff harm
- Plaintiff was injured
Defenses to a Negligence Claim
- Assumption of Risk
- Contributory Negligence
- Comparative Negligence
- Modified Comparative Fault (AR)
