CHAPTER 5 Torts and Civil Law. Torts Tort When one person causes injury to another by failing to respect that person’s rights or security Civil.
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CHAPTER 5
Torts and Civil Law
Torts
Tort When one person causes injury to another by failing to
respect that person’s rights or security Civil wrong against an individual
Damages in Tort actions awarded by court to repay an injured party for any loss
suffered Elements of a Tort:
Voluntary Involuntary Duty – legal obligation to do or not to do something Breach – violation of the duty Injury – harm that is recognized by law Causation – proof that the breach caused the injury
Torts
Every tort has these elements: a wrongful act or failure to obey
the law An injury to some person
Generally fall into 3 general categories: wrongs affecting another’s
FREEDOM & SAFETY wrongs affecting another’s
POSSESION & OWNERSHIP OF PROPERTY
wrongs affecting another’s REPUTATION
Duties
DUTY duty not to injure another (bodily injury, injury to
someone’s reputation, or invasion of privacy) duty not to interfere with the property rights of
others (trespassing) duty not to interfere with the economic rights of
others (such as the right to contract) Violation of a duty is called a breach of duty
Eminent Domain
Refers to power possessed by the state over all property within the state, specifically its power to appropriate property for a public use
Under the Fifth Amendment to the Constitution, the owner of any appropriated land is entitled to reasonable compensation, usually defined as the FMV of the property
Example: O’Hare Expansion project Expand & reconfigure runways to
improve efficiency at O’Hare Demolished about 600 homes and
businesses and removal of two cemeteries
The Process of Eminent Domain
Govt attempts to negotiate purchase of the property for FMV
If owner does not wish to sell, the govt files a court action to exercise eminent domain
A hearing is scheduled, at which the govt must demonstrate that it engaged in good faith negotiations to purchase the property but that no agreement was reached. The government must also demonstrate that the taking of the property is for a public use, as defined by law. The property owner is given the opportunity to respond to the government's claims.
If the government is successful in its petition, proceedings are held to establish the FMV of the property. Any payment to the owner is first used to satisfy any mortgages or liens on the property, with any remaining balance paid to the owner. The govt obtains title.
If the government is not successful, or if the property owner is not satisfied with the outcome, either side may appeal the decision.
Intentional Torts and Negligence
Intentional Torts Deliberate breach of a duty Intent to produce injury is not
required Assault/battery, false
imprisonment, defamation, etc Negligence
Torts based on carelessness are classified as negligence
Most common form of torts Intent to injure is not required in
this tort – only carelessness is required
Injury – must be proven If you act recklessly and no one is
injured, there usually is no tort
Reasonable Person Standard
Reasonable Person Standard Requires you act with care
and good judgment of a reasonable person so as to not cause injury to others
Degrees of this standard Vicarious liability Intentional Torts Assault
Age makes a difference Children under 7 are held
incapable of negligence Older children are only
required to act with the care of a reasonable child of their age
If child takes role of adult activity (driving car, boat) they then can be held to an adult standard
Slander, Libel, Invasion of Privacy Slander – saying something
false Libel – writing something
false Invasion of Privacy
Uninvited intrusion into a individual’s personal activities
No illegal eavesdropping with listening device, interference with telephone calls, unauthorized opening of letters
However, police have right to tap telephone lines secretly if they have a warrant
Politicians, actors, etc give up much of their right to privacy when they step into the public domain
Types of Liability
Vicarious Someone else is responsible for
the wrongful act of another (parents responsible for their children)
Absolute Responsible for injuries that
result even though all reasonable care has been taken
Strict Manufacturers are responsible
for consumer injuries caused by defective products
Contributory Negligence
Contributory Negligence OLD LAW: cannot recover for loss if the
plaintiff was negligent NEW LAW: Comparative Negligence (IL
has this) Assumption of Risk – you know the
dangers and decide to do it anyway Strict Liability – you are liable
For example, Manufacturers are liable for their products
Damages
Injunction Court order for a person to do or not to
do a particular act. Damages
Monetary award to an injured party to compensate them for loss
Types: compensatory damages – actual dollar
amount of loss punitive damages – meant to punish
(usually in the millions) Collecting of $ damages
writ of execution states how damages will be paid
McDonald’s Coffee Case
Read article relating to torts and tort reform Assignment: Complete questions at the end
of the article using vocabulary and concepts you have learned over the past two days
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