tort law

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BY:- KARAN CHENGAPP, IN BY:- KARAN CHENGAPP, IN

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

A funny word. In

A funny word. In French

French

(where it originated) a tort

means a

means a "wrong".

"wrong".



But in the U.S.

But in the U.S. most people prob

most people probably think it means a

ably think it means a

chocolate cake

with icing, when they think of it at all! A

torte! But, alas, no.

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A TOR

T IS

A CI

VIL

WRONG.



Tort law is

Tort law is part

part

of civil (noncriminal) law.



It concerns lawsuits (

It concerns lawsuits (not prosecutions

not prosecutions

).



These suits arise from

These suits arise from injuries

injuries

(wrongs)

committed by one person, a group, or

organization(

organization(s) against

s) against another or

another or others.

others.



Torts can be

Torts can be intentional or not

intentional or not

..



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TYPES OF TORTS

Torts are divided into basic types:

1. 1. N

N

egligence

2. 2. I

I

ntentional harm to a person

3 3. I

. I

ntentional harm to tangible property

4. 4. S

S

trict liability

5. 5. N

N

uisance

6. 6. H

H

arm to economic interests

7.

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1. NEGLIGENCE



_{Negligence includes}_{Negligence includes car accidents}_{car accidents}_{,, slip-and-}

slip-and-fall cases

fall cases,, malpracticemalpractice, personal injury, and, personal injury, and some product liability cases.

some product liability cases.



Every tort hasEvery tort has three elementsthree elements::

A. The

A. The DD owes a legal duty to the plaintiff (owes a legal duty to the plaintiff (PP).). B. The

B. The D breachesD breaches that that dutyduty.. C. The breach

C. The breach causes injurycauses injury either as a directeither as a direct result of the negligent act or somewhat more result of the negligent act or somewhat more indirectly, but foreseeable;

indirectly, but foreseeable;

Legally, we say there is a proximate cause Legally, we say there is a proximate cause between the breach and the injury.

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Terms IMP in NEGLIGENCE tort



RReasonable easonable conductconduct::

An important concept in tort law but, as An important concept in tort law but, as you can imagine, hard for P and D to you can imagine, hard for P and D to agree upon. Lawyers use the

agree upon. Lawyers use the "reasonable"reasonable person standard". What would a

person standard". What would a reasonab

reasonable person do? le person do? *(*(ex- strangers)ex- strangers)



Invitee:Invitee:

You have invited some one to your You have invited some one to your

property. Its your duty to ensure his property. Its your duty to ensure his safety against latent defects in your safety against latent defects in your

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Contd

…

 Licensee:Licensee:

A person who comes onto your

A person who comes onto your propertyproperty with permission, but without

with permission, but without invitation.invitation. Such a person has a right to

Such a person has a right to be there butbe there but is there for his benefit, not yours: for

is there for his benefit, not yours: for example, a

example, a door-to-door salesman.door-to-door salesman. Trespasser:

Trespasser:

Someone on your property

Someone on your property withoutwithout invitation

invitation or license; someone who commitsor license; someone who commits a trespass on your property. Generally, you a trespass on your property. Generally, you owe him less care than an invitee or

owe him less care than an invitee or licensee

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.

I

IN

NT

TE

EN

NT

TI

I

N

NA

AL

L

H

HA

AR

RM

M

T

A

PERSON

 Assault:Assault: 

 The D intends to hurt or The D intends to hurt or scare the Pscare the P

and the

and the P believes he is in dangerP believes he is in danger of of being hurt at that moment.

being hurt at that moment.



If I point a gun If I point a gun at you and it scaresat you and it scares

you, that's

you, that's an assaultan assault, even if it , even if it turnsturns out to be a toy gun.

out to be a toy gun.



_{If I say, "Don't you ever}_{If I say, "Don't you ever do that again}_{do that again}

or I'll kill you," that is

or I'll kill you," that is not an assaultnot an assault:: words alone don't do it.

words alone don't do it. Here there isHere there is no immediate threat of harm.

no immediate threat of harm.

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Contd…

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_{False imprisonment:}_{False imprisonment:}

The D intends to keep the P

The D intends to keep the P fromfrom freely moving about in an area that freely moving about in an area that the P can't leave. If I'm driving my

the P can't leave. If I'm driving my carcar with you in it, and you want to

with you in it, and you want to getget out, and

out, and I don't stop, that may beI don't stop, that may be false imprisonment

false imprisonment. An. An intentionalintentional tort.

tort.

•

•Intentional mental distress:Intentional mental distress:

The D intentionally or recklessly causes The D intentionally or recklessly causes

P severe emotional distress. P severe emotional distress.

If I know you are petrified of snakes and If I know you are petrified of snakes and I leave one in your desk, that may be I leave one in your desk, that may be grounds for a suit based on intentional grounds for a suit based on intentional infliction of emotional/mental distress. infliction of emotional/mental distress.

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3. INTENTION

AL HARM

TO T

ANGIBLE

PROPERTY



 Trespass to land: Trespass to land:

An intrusion by D onto P's land. An intrusion by D onto P's land. No harm or intent needs to be No harm or intent needs to be proven. For example, if your proven. For example, if your neighbor builds a fence

neighbor builds a fence but itbut it happens to sit on part of your happens to sit on part of your property

property that’s a tthat’s a trespassrespass, even if , even if he did it unintentionally.

he did it unintentionally.



Conversion:Conversion:

An act that interferes with the An act that interferes with the owner's use of his property.

owner's use of his property. Basically,

Basically, it's the tort version of it's the tort version of the crime of theft or

the crime of theft or destructiondestruction of property

of property, which is serious, which is serious enough so that the D

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4. STRICT LIABILITY



If injured, the P does not need If injured, the P does not need toto

prove any negligence on the D's prove any negligence on the D's part.

part.



 With products he must proveWith products he must prove

that the product was not safe for that the product was not safe for its intended use and that he was its intended use and that he was injured by it.

injured by it.



 TheThe duty to warnduty to warn is oftenis often

applied to potentially

applied to potentially dangerousdangerous products.

products.



ex-ex- cigarettescigarettes,, Owning certainOwning certain

types of animals

types of animals,, hazards andhazards and side effects of medications side effects of medications

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5. NUISANCE



_{The D}_{The D unreasonably interferes}_{unreasonably interferes}

with the P's enjoyment of his with the P's enjoyment of his property.

property.



 This is where the This is where the neighbor'sneighbor's

noisy parties

noisy parties come in! Orcome in! Or unsavory odors. Or flights unsavory odors. Or flights overhead.

overhead.



_{Courts balance the type of area}_{Courts balance the type of area}

you are in, the nature of the you are in, the nature of the

harm, and the social value/utility harm, and the social value/utility of t

of that hat activitactivityy..



_{Airplanes must fly but parties}_{Airplanes must fly but parties}

can be quieter. can be quieter.

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6. HARM TO ECONOMIC INTERESTS



Deceit:Deceit:

Occurs if the

Occurs if the D knowingly liesD knowingly lies about an important fact that he about an important fact that he intends to induce the

intends to induce the P to rely onP to rely on and which, in fact, the

and which, in fact, the P does relyP does rely on.

on.

For example, right before trying For example, right before trying to sell his house, the D

to sell his house, the D patchespatches over evidence

over evidence of major waterof major water damage

damage so that potentialso that potential buyersbuyers can't see the damage.

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Contd

…

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_{Interference with contractual}_{Interference with contractual}

relationships:

The D intentionally

The D intentionally interferesinterferes withwith an ongoing business

an ongoing business relationshrelationshipip between the P and someone else between the P and someone else (the third party).

(the third party).



 Intentional interference withIntentional interference with

advantageous

advantageous relationsrelations::

The D i

The D interferesnterferes through tortiousthrough tortious means (duress, fraud)

means (duress, fraud) where he hadwhere he had no business being in the first place no business being in the first place.. For examp

For example, the le, the D fraudulentlyD fraudulently induces a change in a te

induces a change in a testator's willstator's will in which the P was to be a

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7.HARM

TO IN

T

ANGIBLE

PROPER

TY

INTERESTS



 Defamation:Defamation:

Occurs if

Occurs if D communicatesD communicates

information about P to others information about P to others which is not truthful and

which is not truthful and hurts thehurts the

P’s reputation.

•

•Malicious prosecution:Malicious prosecution:

If the P starts a

If the P starts a criminalcriminal

prosecution against the D without prosecution against the D without probable cause and with malice probable cause and with malice and the D wins, he may turn

and the D wins, he may turn around and sue the P f

around and sue the P for maliciousor malicious prosecution

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Contd…

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Invasion of privacy:Invasion of privacy:



A wrongful intrusion into aA wrongful intrusion into a

person's private life

person's private life, whether, whether byby others

others or by the government.or by the government.



 For example, such an invasionFor example, such an invasion

may occur if

may occur if unreasonablunreasonablee

publicity is given to someone's publicity is given to someone's private life.

private life.



 _{"It's not anyone e}_{"It's not anyone e}_{lse's business!"}_{lse's business!"}

If someone takes your name or If someone takes your name or uses your picture without

uses your picture without permission

permission, especially f, especially foror

commercial use, that may be such commercial use, that may be such

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