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1、Part One - Environments of Law,Torts,Spring 2007,ZUCC - 305281,2,Objectives,On completion of this course, students will be able to: Define torts and distinguish them from crimes; List of types of torts; Provide examples of intentional torts and the elements of each; Discuss the elements of negligenc
2、e; Explain the defenses to negligence liability; and Explain concerns about levels of tort liability and possible reforms.,Spring 2007,ZUCC - 305281,3,Torts,General Principles Intentional Trots Negligence and Strict Liability,Spring 2007,ZUCC - 305281,5,Tort vs. Crime,Crime is a wrong arising from a
3、 violation of a public duty. Tort is a wrong arising from a violation of a private duty. Crime is a wrong with serious nature that government steps in to prosecute and punish the wrongdoer in order to deter others from engaging the same type of conduct. If the wrong causes harm to an identifiable pe
4、rson, for the person it is called a Tort, and for the government, the same act is called Crime.,Spring 2007,ZUCC - 305281,6,Types of Torts,Intentional Torts Wrongdoer engage in intentional conduct Arm striking another persons nose in a crowed: Not a Tort Tort of Battery (+ Crime of Battery) Tort of
5、Negligence Negligence Careless actions, or actions taken without thinking their consequences Ran a red light and caused traffic accident Strict Liability (without regard to fault) Dangerous activities Products liability,Spring 2007,ZUCC - 305281,7,Intentional Torts,False Imprisonment Intentional Inf
6、liction of Emotional Distress Invasion of Privacy Defamation Product Disparagement Wrongful Interference with Contracts Trespass Computer Torts,Spring 2007,ZUCC - 305281,8,Intentional Torts,False imprisonment (Shopkeepers Tort) No need for specified period of time Detention against ones will Shopkee
7、pers Privilege Shopkeeper should have the opportunity to investigate possible thefts in their store (shoplifting shoplifter) Determine by State Must have reasonable suspicion, for reasonable time, in a private fashion, act as quickly as possible, in reasonable manner. Canto v J.B. Ivey and Co. (Fla)
8、 595 So 2d 1025 (1982),Spring 2007,ZUCC - 305281,9,Intentional Torts,Intentional Infliction of Emotional Distress Conduct that goes beyond all bounds of decency Produces mental anguish,Spring 2007,ZUCC - 305281,10,Intentional Torts,Invasion of Privacy Three types: Intrusion into private affairs. Pub
9、lic disclosure of private facts. Appropriation of others name, likeness, or image for commercial advantage Commercial Exploitation. Use a photo without permission as a product endorsement. Midler v Ford Motor Co, 849 F2d 460 (9th Cir 1988),Spring 2007,ZUCC - 305281,11,Intentional Torts,Defamation Un
10、true statement by one party about another to a third party. Slander Oral or spoken defamation Libel Written or broadcast defamation Required: Statement about a persons reputation, honesty, or integrity that is untrue, The statement is directed at a particular person, Publication a third party hear o
11、r read the statement, and Results damage. For public figure, another element is required: malice,Spring 2007,ZUCC - 305281,12,Intentional Torts,Defenses to defamation Absolute defense: Truth Absolute privilege: for witnesses at trial, for members of Congress during debates on the floor Qualified pri
12、vilege for Media (Without malice and retraction or correction is made when facts are known) A new statutory privilege: qualified privilege for employers to provide complete and accurate information about former employees (references, recommendations ) Thompson and Kelman of 1st Bank, audit proceedin
13、g, and 2nd bank who hired Kelman.,Spring 2007,ZUCC - 305281,13,Intentional Torts,Product Disparagement Slander of title or Trade libel. False statements about a particular business, its product, or its service; in terms of honesty, reputation, ability, or integrity; Communication of the statement to
14、 a third party; and Cause damage to the seller or provider. Oprah Winferys statement about Mad Cow Disease Veggie Libel Laws generic products, beef, broccoli, eggs, etc.,Spring 2007,ZUCC - 305281,14,Intentional Torts,Wrongful Interference with Contract Tortious interference is complex to prove Basic
15、 definition: When a third party intentionally persuades another to break a contract already in existence. Trespass Trespass to land (un-permitted entry below, on, across, or above), Trespass to personal property, and Trespass to person concept of consent.,Spring 2007,ZUCC - 305281,15,Intentional Tor
16、ts,Computer Torts Trespass to personal property and computers, Computers and privacy, and Concern over protection of privacy Liability for computer invasion of privacy Defamation by computer.,Spring 2007,ZUCC - 305281,16,Negligence and Strict Liability,Elements of negligence 1) A duty act as an ordinary and reasonably prudent person would in similar circumstances. Professionals have a duty to perform their jobs at the same level of a reasonable professionals. Real property owners have duty to ke
