Class 2/18 Chap 6 & 7 Torts: Civil wrongs. Opposed to criminal. Civil are plaintiff vs. defendant. (Pi vs. Delta) Proponent of the evidence divided by 50% Criminal is dealt with by state/fed vs. defendant. Beyond a reasonable. Classify Torts Intentional: Two types are people or property. The people ones include assault and battery, false imprisonment, and defamation. The ones dealing with property are fraud, conversion, trespass, and nuisance. The act is intentional not the victim or consequences. Ex: Hitting the wrong person in the head with a bat. People Unwanted physical contact is considered battery & assault. Could be both a civil and criminal. Assault is the civil part while the battery is the threat of that fear, which is criminal. Articles related to these include B9, B2, B3, B4, B5, B6, B10, B11, & B14. False imprisonment is detaining someone against his or her will. Articles related to false imprisonment include: Fi1 & Fi2. Comes up often in retail theft. Defamation consists of three parts: Must be communication to at least one other person Remark must be untrue Remark must subject you to ridicule or humiliated. **If public figure must be malice. Articles including defamation include: d1, d3 & d4 Property Fraud (pg. 113)Elements of fraud: Misrepresentation of material facts with knowledge that they are false or with reckless disregard for the truth Intent to induce another party to rely on the misrepresentation. Justifiable reliance on misrepresentation by the deceived part Damages suffered as a result of that reliance. Casual connection between misrepresentation and the injury suffered. K341 folder! Look at volks case 78 & 79!! Good examples of fraud Conversion (pg 117) Can?t go under or over someone?s property without permission. Farmer?s can?t barb wire around their land Can float and walk if you don?t touch their land Defamation (pg 119) Negligence: Involves carelessness such as hitting a car due to listening to music too loudly. Involves mainly careless conduct. None physical invasion. Includes noise violation, lights, and smells. (Pg 126) Examples N1, N2, N5, N6, and N. Compensatory damages are for medical bills and lost wages. Res Ipsa Loquitur means the thing speaks for itself. Causation is did the injury occur because of the defendant?s act. Can usually be determined by the use of the but for test. Proximate cause is about line drawing. At what point is it considered not your fault. Contributory and comparative negligence (pg. 132) Contributory negligence is a plaintiff who was also negligent who failed to exercise a reasonable degree of care. Comparative negligence is where liability for damages is distributed between plaintiff & defendant. A plaintiff who has over 50 percent at fault won?t recover anything. Negligence per se is if an individual violates a statute or an ordinance providing for a criminal penalty. Gas Mask example of guy who had to be rescued, but the guy along with rescue crew ALL died. Strict Liability: Liability without fault!! Didn?t do it intentional or careless. Kicks in under common law. Potentionally harmful High degree of risk Not commonly performed in community or area Ex: Wolf caught in the city of Madison. Poisonous snakes or reptiles. (Pg 412) 1-6 about products
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