Chapter 12 Torts
Chapter 12 Torts
The Basis of Tort
1. The Purpose of Tort Law
a. Damages Available in Tort Actions
Compensatory damages (including special damages and general damages) : compensate or reimburse the plaintiff for actual losses
Special damages: compensate the plaintiff for quantifiable monetary losses.
General damages: compensate individuals (not companies) for the nonmonetary aspects of the harm suffered, such as pain and suffering.
b. Punitive Damages: Only when the defendant’s conduct was particularly egregious. (Reprehensible)
2. Tort Reform
Federal Reform and state reform
Intentional Torts against Persons
Intentional tort: the person intended the consequences of his or her act or knew with substantial certainty that specific consequences would result from the act.
Transferred intent: intent can be transferred when a defendant intends to harm one individual, but unintentionally harms a second person
a. Assault: Any intentional and unexcused threat of immediate harmful or offensive contact—words or acts that create a reasonably believable threat.
b. Battery: The act that created the apprehension is completed and results in harm to the plaintiff
c. False Imprisonment: The intentional confinement or restraint of another person’s activities without justification. False imprisonment interferes with the freedom to move without restraint.
d. Intentional Infliction of Emotional Distress: An intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another.
Outrageous Conduct: Courts in most jurisdictions are wary of emotional distress claims and confine them to situations involving truly outrageous behavior.
Limited by the First Amendment: When the outrageous conduct consists of speech about a public figure, the First Amendment’s guarantee of freedom of speech also limits emotional distress claims.
e. Defamation: wrongfully hurting a person’s good reputation.
Requirement to establish:
The Basis of Tort
1. The Purpose of Tort Law
a. Damages Available in Tort Actions
Compensatory damages (including special damages and general damages) : compensate or reimburse the plaintiff for actual losses
Special damages: compensate the plaintiff for quantifiable monetary losses.
General damages: compensate individuals (not companies) for the nonmonetary aspects of the harm suffered, such as pain and suffering.
b. Punitive Damages: Only when the defendant’s conduct was particularly egregious. (Reprehensible)
2. Tort Reform
Federal Reform and state reform
Intentional Torts against Persons
Intentional tort: the person intended the consequences of his or her act or knew with substantial certainty that specific consequences would result from the act.
Transferred intent: intent can be transferred when a defendant intends to harm one individual, but unintentionally harms a second person
a. Assault: Any intentional and unexcused threat of immediate harmful or offensive contact—words or acts that create a reasonably believable threat.
b. Battery: The act that created the apprehension is completed and results in harm to the plaintiff
c. False Imprisonment: The intentional confinement or restraint of another person’s activities without justification. False imprisonment interferes with the freedom to move without restraint.
d. Intentional Infliction of Emotional Distress: An intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another.
Outrageous Conduct: Courts in most jurisdictions are wary of emotional distress claims and confine them to situations involving truly outrageous behavior.
Limited by the First Amendment: When the outrageous conduct consists of speech about a public figure, the First Amendment’s guarantee of freedom of speech also limits emotional distress claims.
e. Defamation: wrongfully hurting a person’s good reputation.
Requirement to establish: