Chapter 5 Flashcards
Torts deal with ___
Involuntary Actions
Definition of a tort?
- Civil wrong other than a breach of contract
- court provides remedy in form of damages
Difference between criminal cases and tort cases?
Criminal Case
-deals with one party and society
Tort Case
-deals with one party and private party
Only way a tort case verdict can punish a criminal?
Require them to pay
The person in a tort case who committed the wrong is called the ___
Tortfeasor
What are the 3 types of Tort Cases and explain them.
Intentional Torts
- tortfeasor meant to commit act that caused harm
- doesn’t mean tortfeasor meant to cause harm, only they mean to commit act
Negligence
- unintentional act that causes harm
- should have been more careful
Strict Liability
- liability without fault
- cases arise in abnormally dangerous activities
EX: A building suddenly implodes and kills 5 people, someone will be held responsible
What are the 4 purposes of Tort Law, explain each
Appeasement
- compensation to the victim
- makes victim feel better and not retaliate
Justice Ethical Retribution -tortfeasor caused harm -tortfeasor should be harmed -compensation to victim harms the tortfeasor Ethical Compensation -victim was harmed -victim should be compensated
Deterrence
- decreases liklihood of bad behavior (avoid lawsuit)
- least cost avoider should pay
Social Insurance
- says that the person in the best position should pay out to victims
- deep pockets theory
What are Least-Cost-Avoider
In the event that victims were harmed and you don’t know who to charge for the Liability:
-party who can pay liability and suffer the least impact pays
Compensatory Damages
Purpose is to make victim WHOLE again
- all PAST and FUTURE costs
- past and future medical expenses
- past pain and future pain
- past and future economic loss
Who determines the amount of Compensatory Damages
- jury determines
- if no jury then judge
Punitive Damages
- designed to punish tortfeasor
- gross negligence
- “Willful and Wanton” disregard for saftey
How do you prove need for Compensatory Damages in court? (Actually you prove harm first)
- solid evidence
- color photos of injuries
Whats the difference between these 3 terms:
Negligence
Gross Negligence
Willful and Wanton disregard for safety
Negligence
-you should have thought to be more reasonable before someone got hurt
Gross Negligence
- you knew you should have been more reasonalbe
- still didn’t be reasonable
Willful and Wanton Disregard for Safety
- you knew you should be more reasonable
- intentional wrongful act
Punitive Damages and 8th Amendment?
- Tortfeasors said Punitive damages “fines” violate 8th amendment
- court says “fines” talked about in 8th amendment don’t apply to Punitive Damages
Tort Reform
- says whatever punitive damages are awarded, divide number by 2,3, or 4
- led to buying off of judges/state legislators
3 ways businesses get into torts
- business to person
- business to business
- products of business
In tort cases, large verdicts awarded are reduced down to a lower amount by who?
- Trial Judges
- Appellate Courts
2 Types of Intentional Torts?
Personal
-assault
-battery
Property
Difference between Assault and Battery
Assault
- fear of apprehension
- fear of bodily harm
- reasonable person standard
Battery
- physical contact required
- physical contact does not have to be HARM
Hill v Western Union
- Ms Hill threatened by drunk employee
- sues company not employee
- wins trial court for assault
- loses in appellate court
- employee wasn’t acting in scope of authority
3 defenses to Assault or Battery?
Consent
-expressed or implied
EX: Football player has implied consent to hit you
Privilege
-Cops can assault or battery you if need be
Self-Defense
- can use deadly force if first used against you
- some states make it easier to shoot trespasser (“stand your ground” or “shoot first”)
- Texas Penal Code calls it “Castle Doctrine”
False Imprisionment
Intentional holding or detaining of person that causes harm
- restraining of person in prison who is supposed to be released
- physical restraint
- threatening restraint
- against person
- against family
Shopkeeper’s Privilege?
- is common law
- says merchants have right to detain thief for certain amount of time
-some states made it statutory law
Texas FOLLOWS THE PENAL CODE
- can’t detain thief for under 50 dollars
- Dallas Police don’t write citations for under 50 dollars
- dallas police won’t respond to call UNLESS thief is not identifying themselves
Intentional Infliction of Mental Distress
- outrageous or Extreme behavior
- creates severe mental distress
- outside bounds of decency
Proving a Intentional Infliction of Mental Distress? In Texas?
-hard to prove
- have to prove physical harm (Stroke, or Heart Attack)
- Texas didn’t recognize this tort until 1993
Invasion of Privacy?
- intentional intrusion
- unwarranted (unwarranted means it wasn’t aloud, not that it wasn’t wanted) public exposure
- intrusion is offensive to a reasonable person
What is the Statue of Limitations for Contracts vs. Torts?
Contracts
-4 years
Torts
-2 years
