Unit 6 - Torts
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Summary:
Tort is a civil wrong for which the harmed/agrieved party may recover damages. The
adjective of the word „tort“ is tortious.
Types of torts: intentional X negligence X strict liability
A person who commits a wrongful act that injures another is called a tortfeasor.
A trespass is an unlawful act causing injury to the person, property, or rights of another.
Trespassto the person may take 3 forms:
assault – making the person believe that he/she will be hurt
battery – hurting the person
false imprisonment
Trespass to land means going on the private property of another without his/her consent.
Even if the trespass is committed by mistake, the person is liable for damages.
Conversion is the civil side of the crime of theft – personal property is taken by the defendant
without owner’s permission.
False imprisonment occurs when a person is detained without his/her consent.
Negligence is a failure to follow the degree of care that is owed to the plaintiff.
The elements required for negligence are:
- a duty of care existed
- the duty was breached
- harm was caused by the wrongful act
Negligence committed by a professional (doctor, lawyer) is called malpractice.
Nuisance is anything that interferes with the rights of a citizen.
Nuisance can be :
- public – unreasonable interference affecting the community, example: air pollution
- private – civil wrong affecting an individual, example: noisy neighbores
AJ k zápočtu jaro 2016
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Defamation is a statement that is false and harms the reputation of an individual.
Defamation may take 2 forms:
- libel – in writing
- slander – in speaking (oral)
Statements of opinion are no actionable as opposed to statements of facts.
Liabilities
Strict liability is responsibility for injury even if the person is not at fault.
Responsibility of an employer for the acts of their employees is called vicarious liability.
Tort = a wrongful act among private individuals