Unit 2

Torts

Civil wrongs that harm the personal property or interests of another

Two categories of torts

intentional and unintentional (negligence-based claims)

Torts can include:

harm to the person (physical injury)

harm to business interests (interfering with a contractual or business relationship)

harm to property (damages or destruction of property)

Intentional Torts

the Defendant intended the consequences of their act or knew with substantial certainty that specific consequences would result from committing the act

Transferred intent

if the Defendant intended to punch Person A and punched Person B instead, the punch is still considered intentional because the intent to Person A transfers to Person B

Unintentional Torts

the Defendant breached a legal duty and that breach caused harm to the Plantiff

Intentional Torts against Persons include:

Assault

Battery

False Imprisonment

Intentional Infliction of Emotional Distress (IIED)

Defamation

Invasion of Privacy

Fraudulent Misrepresentation

Assault

Words or actions that create in the Plantiff a reasonable apprehension of imminent harmful or offensive contact

Battery

Intentional harmful or offensive contact to another person

The “person” includes someone’s body and anything attached to it

The contact can be caused by the Defendant or by am object or force set in motion by the Defendant

False Imprisonment

Intentional confinement or restrain of another person

Confinement

Can be accomplished through physical barriers, physical restraints, or threat of physical force

Shopkeeper’s Privilege

merchants can detain persons suspected of shoplifting as long as the merchant uses reasonable force and the detention is conducted in a reasonable manner for a reasonable length of time

Intentional Infliction of Emotional Distress (IIED)

Intentional extreme or outrageous conduct that results in severe emotional distress to another

The conduct must exceed the bounds of society accepted by society

Defamation

statements made orally or in writing that harm the Plantiff’s personal or business reputation

Slander

oral defamation

Libel

written defamation

Three elements of Defamation

Defendant made a false statement of fact

The statement was understood as being about the Plantiff and tended to harm the Plantiff’s reputation AND

The statement was published to at least one person other than the Plantiff

Actual Malice

If the Plantiff was a public figure, the Plantiff must also prove the defamatory statement was made with ____________

Are damages assumed for defamation?

They are for libel, but for slander, the Plantiff must prove they suffered from economic or monetary loss

Defense to Defamation

Truth and Privilege

Invasion of Privacy

Conduct that invades the Plantiff’s right to solitude and freedom from prying public eyes

Intrusions to Plantiff’s affairs or seclusion

Cannot invade someone’s home or search their property

False light

Cannot place a person in a false light (attribute ideas and opinions to someone when the person does not hold those opinions)

Public disclosure of private facts

Cannot disclose private facts that a reasonable person would find objectionable or embarrassing

Appropriation of identity / right to publicity

Cannot use some’s name, image, or likeness for commercial purposes without permission

Fraudulent Misrepresentation

misrepresentation of a material fact or condition with knowledge of its falsity or reckless disregard for its falsity

The Defendant must have made the misrepresentation with the intention to induce the other party to rely on. it, the party must justifiably rely on it, and the other party must suffer some damages that were caused by the misrepresentation

Usually these claims only arise out of statements of fact, but for certain professionals, a statement of opinion can be treated as fact when the other party is relying on the professional to have superior knowledge/skills

Intentional Torts Against Property

Trespass to land

Trespass to Chattel

Conversion

Trespass to land

a person enters onto the surface of land owned by someone else (also includes entry above or below the surface), a person causes the object to enter onto the land owned by someone else, or a person remains on, causes an object to remain on, land owned by someone else

Conditions of Trespass to Land

No actual damage to the land is required- the tort is meant to protect a landowner’s right to exclusive possession

A person is not trespassing if they have a license (permission) to be on the land if they are a guest of the landowner

Trespass to Chattel (Personal Property)

Conduct that interferes with the owner’s possession and enjoyment of the property

Condition of Trespass to Chattel

Includes any diminishment i the value, condition, or quality or the property

Conversion

Conduct that deprives the owner possession and use of the property

Total destruction of the property or total loss in possession

Intentional “Business Torts”

Wrongful interference with a contractual relationship

Wrongful interference with a business relationship

Disparagement of property

Three Elements of Wrongful Interference with a Contractual Relationship

There is a valid, enforceable contract between two parties

The Defendant knows that the contract exists AND

The Defendant intentionally induces a party to the contract to breach the contract

Wrongful Interference with a Business Relationship

Conduct that intentionally harms an established business relationship

general competitive practices versus targeted predatory behavior

Targeted Predatory Behavior

conduct that is targeted toward a particular competitor’s customers or that is outright predatory to try to drive a competitor fro the market is more likely to be considered wrongful interference

Disparagement of Property

false statements are made about a person’s product or property rather than the person’s character or reputation

Slander of quality

slander of title

Slander of quality

aka trade libel

publication of false information that a seller’s product does not do what the seller claims. The seller must prove a third party refrained from dealing with them because of the false information and that the seller suffered economic loss

Slander of title

publication of statement that falsely denies another’s legal ownership of property and which results in financial loss to the property’s owner

Four Elements of Unintentional Torts

Duty, Breach, Causation, Damages

Duty

the Defendant owed a duty of care to the Plantiff

How is duty of care measured?

By a reasonable person standard- how would a reasonable person act in these circumstances?

What does duty of care depend on?

The Defendant’s relationship to the Plantiff - the Defendant’s occupation or profession, and the specific circumstances of the case

Statutes that establish Duty

Dram Shop Laws

Good Samaritan Laws

Dram Shop Laws

bartenders can be held liable for injuries caused by a person who became intoxicated while drinking at the bar if the bartender continued to serve someone who was already visible intoxicated or who was underage

Good Samaritan Laws

Statute that protects those who render aid in emergency situations as long as they act in good faith and did not commit gross negligence

Duties of landowners

depends on the status of the person on the land

High duty of care (landowers)

The person on the land are customers in business settings

must keep the premises safe and warn about the risks that owner knew or should have known about

Medium duty of care

The person on the land are licensees, or social guests

The landowner does not have to keep the premises safe, but they must warn about hidden dangers

Trespassers

They usually have no duty of care

Breach

the Defendant breached their duty to the Plantiff

Causation

the Defendant’s breach caused the Plantiff’s injury

Damages

the Plantiff suffered some injury

There are no nominal damages in negligence cases- there must be some legally recognizable harm suffered as a result of the Defendant’s act

Types of Damages

compensatory and punitive

Compensatory Damages

damages to compensate or reimburse the Platniff for actual losses

ex. medical bills, lost wages, pain and suffering, etc.

Punitive damages

damages to punish the Defendant and/or deter future conduct

Conditions of Punitive damages

Usually only rewarded to intentional tort cases and gross negligence cases- situations where behavior is particularly egregious

Subject to restrictions under the Due Process Clause and any applicable state statutes setting a limitation on damages

Intentional Tort Defenses

consent

necessity

self-defense

defense of others

defense of real property

defense and recovery of personal property

Consent

Platniff cannot recover if Plantiff consented to the action in question

Necessity

can be necessary for public good or private interests

Self-Defense

Defendant had a reasonable belief the action was necessary to protect themselves from serious bodily harm or death

Defense of others

Defendant had a reasonable belief the action was necessary to protect someone else from serious bodily harm or death

Defense of real property

reasonable use of force only

Defense and Recovery or Personal Property

reasonable use of force only

Unintentional Tort Defenses

assumption of risk

contributory negligence

comparative negligence

Assumption of risk

the Platniff knew the risks of engaging in a particular activity and either expressly or impliedly assumed that risk by choosing to participate

Contributory negligence

if the Plantiff was at fault at all, the Plantiff cannot recover

Comparative Negligence

Pure versus Modified

Pure Comparative Negligence

Plantiff can cover for whatever percentage the Defendant was at fault

Modified Comparative Negligence

50% Rule

Platniff cannot recover if the Plantiff was more than 50% at fault

Strict Liability

Conduct for which the Defendant can be held liable even if the Defendant was not at fault

This is applied for abnormally dangerous activities

Abnormally dangerous activities

So dangerous that there is still a risk of harm even when the Defendant exercises reasonable care

Ex. blasting, storing explosives, owning wild animals

Product Liability

Liability imposed on manufacturers and sellers of goods for any physical harm or property damage caused by their products

It can be based on theories of negligence, misrepresentation, strict liability, and/or warranties.

It can be damage to a consumer, user, or in some cases, a bystander.

Product Liability based on Negligence

Manufacturers must exercise due care to make their products are safe in:

1) Designing the product

2) Selecting materials

3) using appropriate production process

4) Assembling and testing the product

5) Placing adequate warnings on the label

6) Inspecting and testing purchased components used

No privity of contract is required

It must still meet all four elements of a negligence action (duty, breach, causation, and damages)

Privity of Contract

Contractural relationship between the Plantiff and Defendant. When one is not required, any perso injured by a defectively made product can sue to recover for their injuries

Product liability based on strict liability- no privity of contract required

Manufacturing or design defect, inadequate warnings

The Defendant must normally be engaged in the selling (or otherwise distributing) of that product.

The product must be unreasonably dangerous to the user or consumer because of its defective conditon.

The Plantiff must incur physical harm to self or property by use or consumption of the product.

The defective condition must be the proximate cause of the injury or damage.

The goods must not have been substantially changed from the time the product was sold to the time the injury was sustained.

Manufacturing Defect

product departs from its design in a way that makes it physically flawed, damaged, or incorrectly assembled

Design Defect

There was a reasonable alternative design and the Defendant’s failure to adopt the alternative design made the product not reasonably safe

Inadequate warnings

Product must contain warnings about foreseeable risks of harm, including risk of foreseeable misuse

Product Liability on the breach of warranty

Based in contract law, rather than tort law, and arise when the product does not fulfill some warranty made by the manufacturer or seller

Privity of contract is usually required

Defenses to Product Liability

1) Preemption

2) Assumption of risk

3) Product misuse

4) Knowledgeable user

5) Comparative negligence

6) Commonly known dangers

7) Knowledgeable user

8) statutes of limitation

Preemption

The product is subject to a comprehensive federal regulatory scheme that preempts a product liability claim

Assumption of risk

The Plantiff knew and appreciated the risk created by the product defect and the Plantiff voluntarily assumed the risk even though it was unreasonable to do so

Product Misuse

The Plantiff uses the product in a way that it was not intended, and it was not foreseeable to the manufacturer that it would be used that way

Knowledgeable user

The dangers of a product are or should be known by particular users of a product

Product Liability based on misrepresentation

Made knowingly or with reckless disregard for the truth

Must be about material fact

Sellers must intend for the buyer to rely on misrepresentation in purchasing- on a label or advertisement

Buyer relied on misrepresentation in purchase and suffered harm

Real property

It includes the soil on the surface of the land, natural and artificial structures attached to the land, water above or below the surface, subsurface rights extended below the land, and airspace rights above

Fixtures

They are a part of real property. Courts will look at the intent of the parties, whether the property can be removed without causing substantial damage to the remaining realty, and whether the property is so adapted to the rest of the realty as to have become part of it

Trade Fixture

Installed by a tenant for a commercial purpose

It is generally treated as personal property of the tenant. The tenant will have to pay the landlord for any damages caused to the remaining realty (if any) caused by the removal of the fixture

Ownership in fee simple

Outright and absolute ownership of the property

It includes the exclusive ownership of the property, and the freedom to use or dispose the property by deed or will

Life estate

The right to possess and use the property for the lifetime of a specified individual. They cannot commit in waste of the property, and must maintain its condition. They also must pay property taxes, utilities, etc.

Concurrent Ownership

two or more persons share property ownership

Tenancy in common, joint tenancy, and tenancy by the entirety

Tenancy in common

Each person owns an individual interest in the entire property and has an equal right to use and possess the property. Each tenant can transfer their interest in the property freely, without the consent of other tenants

Joint Tenacy

Each person owns an undivided interest in the entire property and has an equal right to use and possess the property.

Survivorship- interest passes to the other tenants if one dies.

Each tenant can transfer their interest freely without the consent of the other tenants, but this severs the join tenancy. The new owner is treated as a tenant in common

Tenancy by the entirety

Joint tenancy for married couples, but further restrict in that neither spouse can transfer their interest without the consent of the other

Leasehold

The landlord (lessor) agrees to convey right to possession and use of the property to a tenant (lesser) for a certain period of time

Fixed-term tenancy

A lease is set for a fixed amount of time. The lease automatically expires at the end of this time period, no warnings necessary.

Periodic Tenancy

The lease does not specify a term but rent is paid in certain intervals and is automatically renewed unless it is properly terminated. At least one pay period’s notice is required.

Nonpossessory Interest

Easement, profit, license

Easement

The right to make limited use of another person’s real property onto an adjacent piece of land

Appurtenance vs in gross