UNIT 2: TORTS

Definition of tort
Black’s Law Dictionary defines a tort as
1. A civil wrong, usually in the form of damages for which a remedy may be obtained.
2. (pl.) The branch of law dealing with such wrongs.

Business Tort: Unfair competition and wrongfully interfering with the business relations of
another.

Types of torts
There are a variety of torts, which can broadly be broken into the following three categories:
1) Negligent torts
Negligent torts, as their name suggests, are torts that are caused by the negligence of the
tortfeasor, or person who commits the tort. (Tortfeasor- one who commits a tort)
2) Intentional torts
Intentional torts, also as their name suggests, are torts caused intentionally by the
tortfeasor.
3) Strict liability torts
Strict liability torts are torts where the law has determined that some activities are so
dangerous that an individual engaging in those activities is liable for damages regardless of intent
or negligence resulting in harm.

1) Intentional Torts
Intentional torts are torts in which the defendant possessed the intent or purpose to inflict the
resultant injury.

1. Assault
An assault is any intentional and unexcused threat of immediate harmful or offensive
contact, Including words or acts that create in another person a reasonable apprehension
of harmful contact. An assault can be completed even if there is no actual contact with
the plaintiff (one who initiates a lawsuit), provided that the defendant’s conduct creates a
reasonable apprehension of imminent harm in the plaintiff

2. Battery
The completion of the act that caused the apprehension (apprehension-anxiety or fear
that something bad or unpleasant will happen), if it results in harm to the plaintiff. (Ex:
Harmful or offensive touching, includes pushing, punching, spitting, or shooting)

3. False imprisonment
The intentional confinement of a person against the person’s will and without lawful
privilege or without justification. It can include being handcuffed or locked in a room or
car.
 4. Defamation
It is false statements (published or publicly spoken) that injure a person’s reputation or
good name or character.
o Slander-spoken or oral defamation
o Libel - written or printed or digital recording defamation
To be defamatory the statement must be:
1. False
2. Communicated to a 3rd party
3. The victim’s reputation is ruined or he/she faces ridicule

5. Invasion of Privacy
It is uninvited intrusion into an individual’s personal relationships and activities.

6. Trespass to land
It means the entry onto, above, or below the surface of the land owned by another without
the owner’s permission or legal authorization.
Defense against trespass to land:
 The trespasser entered the property to assist someone in danger
 He or she had a license to come onto the land (Example: A person who enters
another’s property to read an electric meter)

7. Conversion
When property is stolen, destroyed, or used in a manner inconsistent with the owner’s
right. Its criminal counterpart is theft.

8. Wrongful Interference with contractual relationship

Three elements are necessary for wrongful interference with contractual relationship to
occur:
 A valid, enforceable contract must exist between two parties
 A third party must know that this contract exists
 The third party must intentionally induce a party to breach the contract.

9. Fraud
Intentional misrepresentation of an existing important fact

2) Negligence
 Negligence is the most common tort!
 Intent is not required for negligence.
 Like other torts, it involves the elements of duty, breach of duty, causation, and injury.

The duty in negligence

 The general duty imposed by negligence law is the reasonable-man standard.
o reasonable-man standard —requires that we act with the care and good
judgment of a reasonable person as not to cause injury to others.
 Children under the age of 7 are incapable of negligence.
 Professionals and skilled tradespersons are held to a higher degree of care in their work.
Defense to negligence
 Contributory negligence —defendant may not have to pay, his negligence may only
have been part of the problem (some states)
 Comparative negligence —applies when a plaintiff is partially at fault therefore the
defendants payment will be reduced (most states).
 Assumption of the risk —if plaintiff’s are aware of the danger, but decide to subject
themselves to the risk anyway Ex.—walking on a wet floor when there is a warning sign.

3) Strict liability
It is the liability that exists even though the defendant was not negligent.
 Engaging in dangerous activities—storing flammable liquids.
 Owning animals—having a dog bite someone
 Sale of goods that are dangerous
In other words, even if you did not actually do something that caused injury, something you own
did.

Example:
Britt was driving home late one rainy night after drinking alcohol all evening. With only one
working headlight, she raced down residential streets at speeds up to 50 miles per hour.
Meanwhile, Yee was slowly backing her station wagon out of her driveway, but she failed to
look both ways when she should have. Britt rammed into the right rear end of Yee’s car. Yee’s
station wagon was badly damaged, and she was injured.

 Britt’s conduct should be compared to the reasonable man standard to determine whether
a violation of the duty occurred.
 In this case, a reasonable man would drive at safe speed, only when sober, and with both
headlights working. Britt clearly breached the reasonable man standard.
 Britt’s speeding was a breach of the duty and it is reasonably foreseeable that speeding
will cause injury.

What’s your verdict?

Mrs. Lamm went to a grocery store and placed a plastic Pepsi bottle into her shopping cart. One
of the bottles exploded and the broken plastic sliced her leg.

Mrs. Lamm could collect from either the store or the bottler under strict liability.

Cyber Tort
Torts committed via Internet or cyberspace is referred as Cyber Tort. General tort principles are
being extended to cover cyber torts, such as online defamation. Federal and state statutes
(statutes-a written law passed by a legislative body) may also apply to certain forms of cyber
torts.

For Example: Under the federal communications Decency Act of 1996, Internet Service
providers are not liable for defamatory messages posted by their subscribers.