Lecture Notes on Torts

Introduction to Torts

• Definition: A tort is an act or omission causing injury or harm to a person (physical, emotional, or economic).
• Categories: Civil actions (compensable) and criminal actions.
• Involvement: Plaintiffs and defendants in civil suits.

Types of Torts

1. Torts Involving Verbal or Physical Harm

Assault and Battery

• Battery: Unwanted physical touching (e.g., hitting, surgery beyond consent).
• Assault: Causing fear of harm without physical contact (e.g., pointing a gun).
• Defenses:
  • Consent (e.g., sports).
  • Self-defense (reasonable force in response).

Defamation

• Definition: False derogatory statements damaging a person's reputation.
• Types:
  • Libel: Written defamation.
  • Slander: Spoken defamation.
• Defenses:
  • Justification (truthfulness).
  • Absolute privilege (e.g., parliamentary statements).
  • Qualified privilege (statements made as part of duty).
  • Fair comment (opinions on public figures).

2. Torts Involving Property

Invasion of Privacy

• Occurs where there is an expectation of privacy (e.g., peeking into windows).

Nuisance

• Interference with the use/enjoyment of property (e.g., noise, smells).

Trespass to Land

• Unauthorized entry onto someone's property.
• No need for damages to claim trespass.
• Limited self-help to prevent trespassers.

Negligence

• Definition: Unintentional tort involving careless conduct leading to damage.
• Components:
  • Duty of care.
  • Breach of duty.
  • Damages (injuries or losses).

Tests and Concepts

• Reasonable Person Test: Standard of care expected from an average person.
• Foreseeability: Reasonably predicting harm could occur.

Categories of Negligence

Occupiers Liability

• Not covered in depth in this chapter.

Product Liability

• Duty of care from manufacturers to consumers for intended product use.

Professional Liability

• Standard of care expected from qualified professionals.

Defenses to Negligence

Contributory Negligence

• Plaintiff's own negligence contributed to the harm.

Voluntary Assumption of Risk

• Plaintiff knowingly undertook a risky activity.

Remoteness

• Harm was too far removed from the defendant's actions to be reasonably foreseen.

Vicarious Liability

• Employers/businesses liable for employees' actions within their employment scope.

Strict Liability

• Liability for inherently dangerous activities, regardless of negligence.
• Example: Rylands v. Fletcher case (non-natural land use).

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Conclusion: Understanding torts involves grasping various types, defenses, and liabilities. Each category has its specific nuances and legal implications, which are critical for legal proceedings and assessing cases of harm or negligence.