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Ch. 3: Tort Law
Section 3.1 Definition of a Tort
A tort is a private wrong committed by one person against another person or another person’s property.
A person who commits a tort is called a tortfeasor.
In a lawsuit, the tortfeasor is the defendant and the victim is the plaintiff.
An intentional tort is an act that is intended to hurt, embarrass, or scare another person, or to damage another person’s property.
The most common intentional torts against individuals are:
Assault and battery
An assault occurs when an individual threatens to harm an innocent person using words, gestures, or both.
Battery occurs when someone deliberately touches another person or that person’s clothing against his or her wishes.
Defamation
Defamation occurs when one person lies about another in a way that damages his or her reputation.
There are two types of defamation: libel, which is written, and slander, which is oral.
Intentional infliction of emotional distress
Intentional infliction of emotional distress occurs when one person purposely causes another person mental anguish.
False imprisonment
False imprisonment occurs when one person unlawfully restrains another from moving freely. It may involve physical restraint or merely a show of force.
Invasion of privacy
Citizens have the right to live without others intruding on their personal life or private records.
Invasion of privacy occurs when someone violates this right.
Section 3.2 Negligence and Liability
Negligence is a tort that occurs due to carelessness. It is an accident. The injury was not intended.
The four elements of negligence are:
Defendant owed plaintiff duty of care
Defendant committed breach of that duty
That breach of duty was proximate cause of the harm
Proximate cause is the cause that immediately and directly results in a 
specific event.
Plaintiff actually suffered harm
If a person can eliminate any one of the four elements of negligence, the lawsuit will not be successful.
There are three other defenses against negligence:
Contributory negligence
Contributory negligence is when the victim did something that helped cause his or her own injury.
Comparative negligence
Comparative negligence is when the negligence of the victim is compared to that of the defendant. A victim who is partially responsible may collect only partial damages.
Assumption of risk
Assumption of risk occurs when the victim understood the risk involved in an activity and took the chance of being injured.
Strict liability holds that some activities are so dangerous, no amount of care could eliminate the risk of injury.
Examples of strict liablility are:
Storing toxic or flammable material
Keeping wild animals as pets
Using explosives
Ch. 3: Tort Law
Ch_3.pdf