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A. Definition Tort = a civil wrong

B. 3 Types of Torts

1. Intentional Torts

2. Negligence

3. Strict Liability

C. Intentional Tort = where the defendant (tortfeasor) acts with the intent of causing a particular outcome.

1. Assault= an intentional act that creates apprehension or fear of immediate harm

2. Battery= any unconsented touching

3. Intentional Infliction of Emotional Distress= extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress

ie. A prank telling a parent their child had been killed.

4. Invasion of Privacy= the intrusion into the personal life of another without legal justification ie. Hackers getting photos from social media

a. Misappropriation= using another’s name or likeness without permission. A specific form of invasion of privacy.

5. False imprisonment = intentionally confining another person without justification

6. Fraud = misrepresentation of facts with reckless disregard for the truth

ie. Lying on your resume to get a job

7. Intentional tort against property

a. Trespass to land- if someone enters onto someone’s land without permission.

b. Nuisance- when someone interferes with someone else’s quiet enjoyment of land or interferes with public health.

c. Attractive nuisance- when a homeowner creates a dangerous situation for children ie pools, trampolines, etc.

8. Intentional tort against personal property

a. Trespass to personal property- taking another’s property without permission (ie borrowing a car)

b. Conversion –taking property from another permanently

D. Negligence

1. Elements-

a. Duty- because of special relationships, business have a duty to follow stated policies, landowners have a duty to keep their premises safe, parties to contract have a duty to abide by the terms and conditions

b. Breach- fail to discharge your duty

c. Proximate causation= when the injury flows from that breach of duty

d. Damages= a way to quantify the injury

2. Examples

a. car accidents

b. premises liability (slip and fall)

c. recreational activities

e. Malpractice= negligence committed by certain professionals

f. Mass tort= class action lawsuit – many plaintiffs suing a defendant (usually corporate)

E. Affirmative Defenses to negligence claims = a response by the defendant that raises a justification or excuse for the defendant’s conduct

1. Assumption of the risk= plaintiff voluntarily and knowingly assumed known risks. Ie. Bungee jumping, sporting events, recreational activities

2. Open and obvious = protects a landowner when a guest/customer is injured by an open an obvious danger or hazard

3. Contributory Negligence= when plaintiff contributed to his/her own injury

4. Good Samaritan laws= laws that shield someone who aids an injured person

F. Strict Liability= liability without fault

1. Ultrahazardous activities- ie transporting explosives, serving alcohol to minors or visibly intoxicated people.

2. Product liability= when there is a flaw in the manufacturing or design that makes the product unreasonably dangerous

G. Respondeat Superior- when an employee commits a tort in the workplace the employer is usually found responsible unless the employee was acting outside the course and scope of employment.