Loading presentation...

Present Remotely

Send the link below via email or IM


Present to your audience

Start remote presentation

  • Invited audience members will follow you as you navigate and present
  • People invited to a presentation do not need a Prezi account
  • This link expires 10 minutes after you close the presentation
  • A maximum of 30 users can follow your presentation
  • Learn more about this feature in our knowledge base article

Do you really want to delete this prezi?

Neither you, nor the coeditors you shared it with will be able to recover it again.



No description

Detria Moore

on 17 March 2017

Comments (0)

Please log in to add your comment.

Report abuse

Transcript of Torts

What is a Tort?
Definition- an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability

2 categories: intentional and unintentional
Compensatory Damages
*Single Recovery Principle

Punitive Damages

Tort Reform
Business Torts
Interference with a K- When a defendant improperly influences a 3rd party to breach a K; 4 elements:
a valid K
defendant knew of K
defendant improperly induced 3rd party to breach K with plaintiff
plaintiff was injured

Interference with a Prospective Advantage

Violation of the Lanham Act- can't make false statements intended to hurt business (puffery doesn't count); 3 elements:
false/misleading statement
the false statement is used in commercial, ad, or promotion
statements created a likelihood of harm

Justification Defense
Intentional Torts
Defamation- a false statement about someone's reputation

libel vs. slander

4 elements:
(1) defamatory statement
(2) falsity
(3) communicated
(4) injury

* Public person exception
False Imprisonment
Intentionally restraining another person without reasonable cause or consent

Key Words:
*W/O reasonable cause or consent
*(for an unreasonable time)
Intentional Inflection of Emotional Distress
allows recovery for emotional injuries

harm must be a result of outrageous/extreme behavior
Assault and Battery
Assault- reasonable apprehension of an imminent battery

Battery- an offensive or harmful, intentional touching of another
Trespass, Conversion, and Fraud
Trespass- intentionally entering someone's land with no invitation, or staying once you've been asked to leave

Conversion- stealing
(personal, not real)

Fraud- deliberately deceiving someone and causing them harm or injury
Unintentional Torts
Negligence pretty much makes up unintentional tort; also called the accidental tort

To win a negligence case, remember your A,B,C,D's, the 4 elements that must be proven:
A- a duty
B- breach of duty
C- causation (factual and proximate)
D- damages
Generally speaking, we each have a duty to act as a reasonable person would under the circumstances

The test is foreseeability

Special Duties:
Landowners to those injured on your property
trespassing adult
trespassing child

Duty can also come from the law
Breach of Duty
Breach of duty- failing to do what you should have, or doing something you weren't supposed to do; action or inaction; didn't act reasonably

Negligence per se- when the law sets the duty
Causation- your breach caused my injury/harm

2 prongs:
(1) factual (but for...direct correlation)
(2) proximate (is it foreseeable?)

Res Ipsa Loquitur- "The Thing Speaks for Itself"
Damages- plaintiff must prove that they suffered genuine and measurable loss or harm.

Don't forge Single Recovery Principle
Comparative Negligence

Contributory negligence

Assumption of the Risk
Strict Liability
strict liability- when activities are so naturally dangerous or products so defective, that a much higher level of liability is placed on any who engages in it

2 main areas:
* ultrahazardous activity
* defective products
Product Liability
Product liability- when products attack

1. Negligent Design
2. Negligent Manufacture
3. Failure to Warn
Strict Liability for defective products
Statute of Limitations and Statute of Repose
Statue of Limitations- case has to be brought in a specified time period or you are barred from bringing it
* When does the clock start ticking

Statute of Repose
Full transcript