700 words, read the case and answer the below questions.

Part 1 – Chapter 8: Torts (p. 131-152)

8.1. General Principles

8.2 Intentional Torts

8.3 Negligence

8.4 Strict Liability

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8.1. General Principles a. What is a tort? ( p. 132)

➢The law of torts permits individuals and companies to recover from others for wrongs committed against them.

➢Civil, or noncriminal, wrongs that are not breaches of contract are governed by tort law.

➢A tort is an interference with someone’s person or property.

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8.1. General Principles a. What is a tort? ( p. 132)

= +

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Tort Fault Damage

Causation

8.1. General Principles b. Tort & Crime Distinguished (p. 132)

➢A crime is a wrong that arises from a violation of a public duty and results in punishment for the individual who has committed the crime (imprisonment; fine; etc.).

➢A tort is a wrong that arises from a violation of a private duty and results in reparation of the damage.

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Tort = Violation of a

private duty

Crime = Violation of

a public duty

8.1. General Principles c. Types of Torts ( p. 132 - 133)

➢Intentional Tort = Intentional Fault + Damage

➢Non-intentional Tort = Non-Intentional Fault (Negligence) + Damage

➢Strict Liability = ____________ + Damage

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8.2. Intentional Torts (p. 132)

➢Intentional torts are those that occur when wrongdoers engage in intention conduct.

➢For example, sticking another person in a fight is an intentional act and would constitute the tort of battery if all the elements of tort are fulfilled.

➢Intentional Tort = Intentional Fault + Damage

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8.2. Intentional Torts (examples)

a. Assault (p. 134)

✓ It is an intentional conduct that threatens a person with a well-founded fear of imminent harm coupled with the present ability to carry out the threat of harm.

b. Battery (p. 134)

✓ It is the intentional wrongful touching of another person without that person’s consent.

c. False imprisonment (p. 134)

✓ It is the intentional detention of a person without that person’s consent.

d. Intentional Infliction of Emotional Distress (p. 135)

✓ It is a tort involving conduct that goes beyond all bounds of decency and produces mental anguish in the harmed individual.

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8.2. Intentional Torts (examples)

e. Invasion of Privacy (p. 136)

✓ It consists of different torts including : Public disclosure of private facts and Intrusion into the Plaintiff’s private affairs.

f. Defamation (p. 138)

✓ It is a false statement by one party about another to a third party. Slander is a spoken defamation. Libel is a false publication by writing, printing, picture or any fixed representation to the eye, which exposes any person to hatred or ridicule, or which has the tendency to injure the individual in his/her occupation.

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8.3. Negligence

➢Negligence is the failure to exercise due care under the circumstances in consequence of which harm is proximately caused to one to whom the defendant owed a duty to exercise due car.

➢Non-intentional Tort = Non-Intentional Fault (Negligence) + Damage

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8.3a.Elements of Negligence

1) Non-intentional mistake = Negligence

a) Duty to exercise reasonable care (p. 142)

✓The first element of negligence is a duty. There is a general duty of care impose to act as a reasonably prudent person would in similar circumstances.

b) Breach of Duty (p. 143)

✓The second element is the breach of the above duty. The defendant’s conduct is evaluated against what a reasonable person would have done under the circumstances.

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8.3a.Elements of Negligence

2) Proximate Causation (p. 143)

✓A third element of negligence is causation, the element that connects the duty and the breach of duty to the injuries of the plaintiff. The plaintiff should establish a proximate/direct causation. In other words, the harm suffered by the injured person should have been a foreseeable consequence of the negligent action.

3) Damages (p. 144)

✓The losses which allow compensation are 1) past and future pain and suffering 2) past and future physical impairment 3) past and future medical car and 4) past and future loss of earning capacity.

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8.4. Strict Liability

4.a . What is strict liability? (p. 148)

It is another type of tort that imposes liability without regard to whether there was any intent to harm of any negligence occurred. It is imposed without regard to fault.

Strict Liability = ____________ + Damage

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8.4. Strict Liability

4.b . Imposing strict liability (p. 148 - 149)

Strict liability is imposed in two main situations:

1) It is imposed because the activity involved is so dangerous that there must be full accountability. Nonetheless, the activity is necessary and cannot be prohibited. So the dangers of this activity and resulting damages are fully covered through the imposition of strict liability.

2) It is imposed in product liability. A product that is defective through its design, manufacture, or instructions and that injures someone results in strict liability for the manufacturer.

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Questions & Case Problems

Open Textbook on page 152 – Question No 12.

12. Hegyes was driving her car when it was negligently struck by …..

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