BUSINESS LAW NAME:

Neha George

Chapter 5 – Torts and Cyber Torts

I. INTRODUCTION

Define Tort: A private or civil wrong OR an offense against an individual OR an

infringement on a person’s rights
● Can be intentional or unintentional
● An act can be BOTH a tort and a crime
Types of Torts
1. Crimes against a Person

2. Crimes against Property

3. Negligence (usually unintentional)

4 Elements of a Tort Must be Proven:

1. Defendant has a legal duty to act reasonably

2. Defendant violated that duty

3. Plaintiff suffered an injury

4. Plaintiff’s injury was caused by defendant’s failure to act responsibly/violated their duty

II. INTENTIONAL TORTS AGAINST A PERSON

a. What is meant by Intentional Tort Against a Person?
●

b. What is meant by a ‘Defense’ for a tort?

Intentional Tort - Person Description/Examples Defenses

 (if any)

Assault Threatening immediate harm

● self-defense
● defending property
● defending others
● consent (like a football
player can’t sue)
Battery Actual physical harm

Holding someone against their will ● consent

False Imprisonment
without justification ● probable cause

● it’s the truth

● no malice
slander= spoken
Defamation ● privilege (a defense
libel= written
attorney)
● no injury

Invasion of the Right to Privacy
Using someone’s name or likeness
Digital or physical property
Publicizing information
● consent
● you were in a public
place
● didn’t have a reasonable
expectation of privacy

Intentional deceit for personal gain ● Not false

Knowingly provides false FACTS ● No damages suffered
Misrepresentation (Fraud)
Intent to make them believe it ● Not meant to be
Damages suffered believed

Interfering in a contract between two

entities, a third person causes them to ● Doesn’t know the
Wrongful Interference break it knowing that their action would contract exists
break the contract ● Justified/Competition
Loitering

III. INTENTIONAL TORTS AGAINST PROPERTY

 a. What is meant by Intentional Tort Against Property?

Defenses
Intentional Tort - Property Description/Examples
(if any)
● consent
● it’s public property
Individual or OBJECT violating private ● no intent
Trespass to Land property ● assisting someone in
Above or below as well danger
● owner did not have right
to possess land

● consent
Unlawful taking or harming of another’s ● Justification (can’t afford
Trespass to Personal Property
property to pay a house, bank can
take house)

● property not owned by

the person who was
Placing something stolen in the service
Conversion (Stealing) stolen from
of another (selling it off)
● necessity (take a firearm
from someone suicidal)

IV. NEGLIGENCE (UNINTENTIONAL TORTS)

a. What is the difference between Intentional Torts & Negligence:?

 You didn’t mean to do it, it’s a result of carelessness, it’s an “accident”

b. Questions to ask when examining the question of negligence:

Question of Negligence Explanation

Did the defendant owe a Duty of

Care to the plaintiff?

Did the defendant Breach that

duty?

Did the defendant suffer an

Injury?

Did the defendant’s breach Cause

the injury?

Negligence Per Se

Definition & Examples Speeding, DUI, still breaking the law

Prove law was violated, law’s intent is to prevent injury, plaintiff is part of
Elements
the group that the law was designed to protect

Defenses to Negligence
Assumption of Risk Knowledge of risk, still chose to participate

Plaintiff is partially responsible for injuries (jaywalking)

Comparative Negligence
If plaintiff is found 20% at fault, will only receive 80% monetary damages

V. STRICT LIABILITY
a. What is meant by Strict Liability?

b. What are some examples of Strict Liability?

ups truck hits someone, trampoline without fence around it

VI. BURDEN OF PROOF

a. Definition:
by preponderance of the evidence (51% sure defendant is guilty)

b. Why is Burden of Proof lower in a civil case than a criminal case?

VII. DAMAGES
a. Definition: MONEY not JAIL

b. Types of Damages
i. Compensatory Damages: just to compensate

ii. Punitive Damages: meant to punish