Chapter 5 TORT LAW

Chapter Outcomes:
1. Differentiate between the objectives of
tort law and those of criminal law.
2. Discuss the element of duty.
3. Identify the principal intentional torts and
outline the elements of each.
4. Determine the four elements of
negligence.
 Chapter 5 TORT LAW

Chapter Outcomes (continued):

5. Contrast contributory negligence,
comparative negligence, and assumption of
the risk.

6. Judge whether the doctrine of strict liability

applies in a particular case.

7. Outline the various remedies available in

tort law.
 Chapter 5 TORT LAW

Chapter Outcomes (continued):

8. Distinguish between survival statutes and

wrongful death statutes.

9. Discuss the concept of damage caps.

10. Identify the principal innovations suggested

for modern tort reform.
5-1

Tort Law Defined

• Tort Law Versus Criminal Law

• Respondeat Superior
• The Element of Duty
 5-1
Topic Quiz
Answer the following true/false questions:

1. The primary purpose of tort law is to

protect the entire society.

FALSE

That is criminal law.

 5-1
Topic Quiz
Answer the following true/false questions:

2. A duty is an obligation placed

on individuals because of law.
TRUE
 5-1
Topic Quiz
Answer the following true/false questions:

3. A duty can be violated only by intent or

through negligence.

FALSE

Also under the theory of strict liability.

5-2

Intentional Torts
• Assault and Battery
• False Imprisonment
• Defamation
• Invasion of Privacy
• Infliction of Emotional Distress
• Interference with a Contract
 Chapter 5

LawLINKS
Sources of information about tort law can be
accessed at:
http://www.law.indiana.edu/law/
v-lib/tort.html
The site is named Tort Law from the WWW
Virtual Law Library.
 5-2
Topic Quiz
Answer the following true/false questions:

1. Assault and battery are essentially the

same intentional tort.

FALSE

They are different torts.

 5-2
Topic Quiz
Answer the following true/false questions:

2. False imprisonment is
also known as false
arrest in some states. TRUE
 5-2
Topic Quiz
Answer the following true/false questions:

3. The actual malice test in defamation cases

is not applied when the defendant is
either a public official or a public figure.
FALSE

It may be applied to all persons.

5-3

Negligence

• Elements of Negligence
• Defenses to Negligence
 5-1
A Question of Ethics
In Example 5-6, when the Transglobal mechanics
failed to prepare the landing gear properly, they could
not foresee that the fire truck would have a blowout,
smash into a light pole that would hit Carbonari’s car,
and damage both the car and the laser disk player in
the trunk. Therefore, legally, their conduct was not
the proximate cause of the damage to the car and the
laser disk player. However, would Transglobal owe an
ethical duty to reimburse Carbonari for the damages
that were inflicted on his car and his laser disk
player? Explain.
 5-3
Topic Quiz
Answer the following true/false questions:

1. A legal duty must exist

between the parties before
liability through negligence
can be established. TRUE
 5-3
Topic Quiz
Answer the following true/false questions:

2. The reasonable person

test is an objective test.
TRUE
 5-3
Topic Quiz
Answer the following true/false questions:

3. Proximate cause is the

connection between the
unreasonable conduct
TRUE
and the resulting harm.
5-4

Strict Liability
• Grounds for Strict Liability
• Product Liability
Chapter 5

LawLINKS
Trials Digest Publishing, Inc., maintains a
website at
http://www.trialsdigest.com
There is a fee attached to some information
on this site.
 5-4
Topic Quiz
Answer the following true/false questions:

1. Under strict liability, the court will hold a

tortfeasor liable only if the injuries to the
victim are intentional.

FALSE

For any reason.

 5-4
Topic Quiz
Answer the following true/false questions:

2. If a product is sold in a defective condition, but

the victim is a user of the product, not the
purchaser, then product liability cannot be
used by that victim in a lawsuit against the
manufacturer and the seller.
FALSE

It can be.
 5-4
Topic Quiz
Answer the following true/false questions:

3. In most states, product liability

is not available as a cause of
action if the only property
damaged is the product itself. TRUE
5-5

Remedies for Torts

• The Right to Damages
• The Right to an Injunction
 5-5
Topic Quiz
Answer the following true/false questions:

1. The compensation paid

to a victim of a tort is
known as damages. TRUE
 5-5
Topic Quiz
Answer the following true/false questions:

2. Economic compensatory
damages are those that
are directly quantifiable. TRUE
 5-5
Topic Quiz
Answer the following true/false questions:

3. Punitive damages are never permitted in

a tort case.
FALSE

The are permitted.

5-6

Tort Reform
• Survival Statutes
• Wrongful Death Statutes
• Damage Caps
• Modern Tort Reform
 5-6
Topic Quiz
Answer the following true/false questions:

1. Damage caps place upper

limits on the amount of
money that can be awarded
to a plaintiff in a tort law
case. TRUE
 5-6
Topic Quiz
Answer the following true/false questions:

2. An end user is a purchaser who is

involved in the production or
assembly of a product.
FALSE

An end user is NOT involved.

 5-6
Topic Quiz
Answer the following true/false questions:

3. No states have permitted the use of

comparative negligence as an affirmative
defense in product liability cases.
FALSE

Some states have permitted the use.

 SUMMARY
5-1 A tort is a private wrong that injures another
person’s physical well-being, property, or
reputation.
5-2 The primary intentional torts include: assault
and battery, false imprisonment, defamation,
invasion of privacy, infliction of emtional
distress, and interference with a contract.
5-3 Negligence is the failure to exercise the degree
of care that a reasonable person would have
exercised in the same circumstances.
 SUMMARY (continued)
5-4 Under the doctrine of strict liability, when
people engage in ultrahazardous activities, they
are liable for any harm that occurs because of
that activity, regardless of intent or level of
care.
5-5 Tort remedies include money damages and
injunctions.

5-6 Survival statutes allow a lawsuit to be brought

even if both the plaintiff and the defendant are
deceased.
 Chapter 5
Key Terms
actual malice assault
battery tort
comparative negligence tortfeasor
contributory negligence damage cap
damages defamation
defective condition duty
economic damages end user
false imprisonment injunction
infliction of emotional distress libel
interference with a contract invasion of privacy
non-economic damages negligence
respondeat superior slander
statute of repose strict liability
wrongful death statute punitive damages
Chapter 5
Investigating on the Internet
As a research assignment, access the
Association for California Tort Reform
(ACTR) at
http://www.actr.com/actr/
and write a report about tort reform
legislation in California. As an alternative
assignment, you might want to write a
report on current research being conducted
by ACTR.
End of Presentation