LAW 3220 Q2 Outline - Elements of Torts PDF

# LAW 3220 Q2 Outline ## Elements of Torts ### Torts & the legal system * Tort: A breach of duty owed to another that causes harm * Goal: Puts plaintiff back in the position they were in before that. * Not all wrongs have a remedy. * Most common is negligence. ### Negligence-based Torts...

# LAW 3220 Q2 Outline ## Elements of Torts ### Torts & the legal system * Tort: A breach of duty owed to another that causes harm * Goal: Puts plaintiff back in the position they were in before that. * Not all wrongs have a remedy. * Most common is negligence. ### Negligence-based Torts * Unintentional or omissions that cause harm. * Torts protect people from unintentional but legally careless conduct. * Need to prove: * Duty * Breach * Causation * Damage ### Duty of Care * = Reasonable Person * **Blanket Duty:** We always owe a duty to use reasonable care to not injure others 24/7 365 * **Specialized Duties:** Professionals owe higher duties, ex: Doctors and lawyers owe the duty to act as a reasonable doctor/lawyer (or more). ### Common Carriers: Airline, Ferry, Trains, etc - **Highest care owed.** **General Rule:** Unless you created the situation, you have no duty to rescue. **Unless** you have a "special relationship" * Parents, Kids (under 18), C.C. customers, spouses, house guests, lifeguard, etc. If you begin a rescue, you can't leave them worse than you found them. Tort law doesn't make us responsible for every injury our actions cause; only those that result from unreasonable behavior. **"Good Samaritan Law":** Protects the rescuer from liability that may come from accidental injury as long as _in good faith_. ## Elements of Torts ### Breach of Duty * Did the defendant's action/omission breach their duty? * Generally: And they meet *"reasonable person"* or *"reasonable profession"* ### Causation * When defendant's actions or inaction must cause the plaintiff's harm (chain of causation). * Need to prove: * Cause-In-Fact * Proximate Cause ### Cause-in-Fact * "But for" Rule * Evidence showing that a defendant's action or inaction is the actual cause of an injury that would not have occurred but for the defendant's behavior. * The injury would not have occurred but for the conduct of the party committing a tort * **Cause-in-Fact alone is unfair & insufficient, but we still really need it.** ### Proximate Clause * This brings faimess. * It must be reasonably foreseeable that the action defendant took would result in the harm - **protection against unfairnness** * Consequences that are too remote or too far removed from negligent conduct will NOT result in liability. **Ex: Palsgraf Case** * Brown suit is late for train running to catch up with a newspaper in his arm. Railroad man gives boost ? Newspaper package falls & had fireworks in it! It falls, goes off and fireworks go off & cause heavy thing to fall & hurt a lady. Lady tries to sue railroad man. * **It's cause-in-fact, but NOT reasonably forseeable, so no proximate cause.** ### Superseding Clause * An unforeseeable event breaks a chain of events. If the link between the defendant's act & resulting harm is broken by the intervening act, which was unforeseeable under the circumstances, the defendant will likely not be liable. * **Danger-invites-rescue doctrine** * The negligent party is responsible for the losses suffered by those who attempted to rescue as a result of the tort of others . ### Burden of Proof * Civil trial - "Preponderance of evidence" - "more likely than not" * Over 51% likely for each aspect of tort (Duty, Breach, Negligence, Damages). * **Burden of Proof: Res Ipsa Loquiter:** Shifting the B.O.P * In some cases, negligence is so obvious we shift burden of proof. * **Plaintiff:** Doesn't prove negligence, defendant proves non-negligence: "the thing speaks for itself" = _Res Ipsa Loquiter_ * **Type of event that doesn't occur w/o negligence: & defendant was in control of situation.** * Most common: Surgeon leaves tool inside patient ? Stitches back up with tool inside. ### Damages * Easiest to prove, but still need preponderance of evidence. * Was the plaintiff harmed? * Medical bills, pain & suffering, lost wages, emotional distress ### Defenses - Attack the Elements * **Duty:** *"Secondhand asbestos exposure!"* * **Ex:** Employees is Independent Contractor * **Breach:** Defendant can contend they acted reasonably. * **Causation:** Attack proximate cause - was harm reasonably foreseeable. * **Damages:** Has plaintiff exaggerated its damages? ### Assumption of Risk * **Elements:** A plaintiff must: * Know specific danger * Understand the damages * Voluntarily expose themselves to the danger * The danger must proximately cause damage ### Comparative Negligence * Old but in force in: (D.C., AL, MD, NC, VA). * **Contributory Negligence:** If the plaintiff is at fault AT ALL: Bars recovery. * **Pure Comparative Negligence:** Partial defense, ~10 states have. If plaintiff is 60% at fault & defendant is 40% at fault, plaintiff is only allowed 40% of recovery - jury advocates. * **Modified Comparative:** Plaintiff can recover so long as less than _51%_ at fault. * If 45% at fault, get 55% recovery ### Intentional Torts * Negligence is unintentional, but some torts need intent. * **Voluntariness of Act**, not effect - Was the act intentional? * When you intend to harm one person, but hurt another - **Transferred intent** ### Battery (civil) * **Unlawful Touching** - Intentional physical contact without consent. * **Intent to touch & touching occurs** * Defendant's body _doesn't_ have to physically contact plaintiff. ### Assault (civil) * **Elements:** Intentional conduct: * Bodily harm or offensive contact * Directed @ a person * Places person in fear of immediate bodily harm or offensive contact. ### Trespass to Land * Intentionally entering - voluntary act, NOT if they know they're trespassing. * Land of another. ### Defenses * **Consent** * Did the injured party give permission? * **Privilege** * Because Defendant was furthering social interest when committing the tort. * **Self-Defense** * Right to use reasonable force to protect yourself/others (property). * **When defending yourself/others** * *Legal force can be used when lethal force is threatened* * *Nonlethal force can be used when nonlethal force is threatened* * **LEAHAL FORCE CANNOT BE USED TO PROTECT PROPERTY!!!** * **False Imprisonment** * Intentional confinement of a person against their will - unreasonable under circumstances. * **No Escape** * **Defense: Merchants Privilege** * Elements: Merchant/employee, reasonably believes person has stolen/attempting to steal merch, reasonably confines for a reasonable time until matter is resolved. ### Defamation * **1 Category:** Oral tort of slander & written: tort of libel * **Elements:** False statements about someone to 3rd person, causes harm to person the statement was made. * **Defenses:** * **Truth:** Total defense; if defendant can prove what said is true, no defamation * **Absolute Privilege:** What judges & witnesses say in court. Perjury & defamation; what elected officials say during legislative proceedings. * **Defamation Perse:** Some statements are automatically presumed to cause harm, false statements about committing crimes. Plaintiff only has to prove that false statement was made.