Torts and Elements of Tort Cases

Study Notes

Torts

A tort is a civil wrong committed against an individual.
A tort can occur without a contract existing between the individuals involved.
Degrees of wrongfulness include intent, recklessness, and negligence.
Intent is the desire or substantial certainty to cause harm through actions.
Recklessness is the conscious disregard of a significant risk of harm.
Negligence occurs when a defendant breaches a duty of care leading to harm.

Elements of a Tort Case

Standard of Proof: The plaintiff must prove their case with a "preponderance of the evidence," meaning more likely than not.
Damages:
- Compensatory damages aim to restore the plaintiff to their original position by covering medical expenses, pain, and suffering.
- Punitive damages are designed to punish the wrongdoer and deter future misconduct, particularly in cases of egregious behavior.

Battery

Battery is intentional and harmful or offensive contact without the person’s consent.
Contact is considered harmful if it results in bodily injury.
Non-harmful contact can be considered offensive if it violates personal dignity.

Assault

Assault is the intentional attempt or threat of causing harmful or offensive contact, causing reasonable apprehension of imminent harm in the other person's mind.
Outrageous and extreme behavior is required.
No physical contact is necessary.

False Imprisonment

False imprisonment is the intentional confinement of another person without their consent for an appreciable amount of time.
The confinement must be complete.
Even a short duration can suffice.
No liability exists if the person confined consented.

Defamation

Defamation involves harming a person's reputation through false and defamatory statements.
Libel is written defamation, considered more severe due to its permanency.
Slander is oral defamation. It requires proof of special damages, unless it falls under slander per se categories, which include accusations of:
- A crime involving moral turpitude
- A loathsome disease
- Professional incompetence
- Serious sexual misconduct

Defense to Defamation

Privilege: Absolute and conditional privileges protect certain defamatory statements in specific contexts (e.g., judicial proceedings, legislative debates and fair comments on public matters)

Misuse of Legal Proceedings

Malicious Prosecution: Wrongful institution of criminal proceedings.
Wrongful Use of Civil Proceedings: Wrongfully instituted civil suits.
Abuse of Process: Using legal proceedings for an improper purpose.

Property Rights

Trespass to Land: Unauthorized entry onto another's property.
Private Nuisance: Interference with a person's enjoyment and use of their land.
Conversion: Unauthorized control over someone else's personal property.

Negligence

Negligence Per Se: Violation of a statute can establish a breach of duty if the harmed person belongs to the protected class and suffers the type of harm the statute aims to prevent (e.g., a pedestrian hit by a speeding car).
Contributory Negligence: Plaintiff's failure to exercise reasonable care, diminishing their recovery.
Comparative Negligence: Damages are apportioned based on each party's degree of fault.
Assumption of Risk: Plaintiff's voluntary acceptance of a known danger.
Strict Liability: Liability for abnormally dangerous activities, regardless of fault.

Contracts

Express Contract: Specific terms are verbally or written agreed upon by the parties (e.g., a lease).
Implied Contract: Terms are inferred from the actions of the parties (e.g., at a restaurant ).
Bilateral Contract: Mutual exchange of promises between two parties (e.g., a reward for finding a lost puppy).
Unilateral Contract: One party makes a promise in exchange for an act by the other (e.g., a stamp card).

Requirements for Contracts

Intent: The offeror must objectively communicate their intent to enter into a contract.
Definite Terms: Clear and specific terms must exist (e.g., detailed timeframes and actions).
Communication: The offer must be communicated to the offeree.

Termination of Offers

Revocation: Offers can be withdrawn any time before acceptance, with exceptions like options contracts and firm offers.
Rejection: The offeree's rejection terminates the offer.
Other Methods: Death or insanity of either party, destruction of the subject matter or intervening illegality.
Rewards are unilateral contracts.
Advertisements are usually invitations to offers or negotiations (e.g., bids).

Description

Explore the fundamental principles of torts, including intent, recklessness, and negligence. This quiz will also cover the elements of a tort case, including the standard of proof and types of damages. Test your knowledge on these critical concepts in law.