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Intentional Torts Each of these torts have specific elements. However, they all have one essential element that is the same - intent. For intentional torts, the case Garratt v. Dailey defines intent under torts as purpose or knowledge with "substantial certainty." (Garratt v. Dailey, 46 Wash.
2d 197, 279 P. 2d 1091 (Wash. 1955)). Meaning, the tortfeasor (the business or person committing the tort) must have acted with substantial certainty that their action would result in the tort. Examples of intentional torts: - Assault - Battery - Trespass - Intentional Infliction of Emotional Distress - False Imprisonment - Defamation Negligence Torts Unlike intentional torts, there is no "intent" required for negligence torts.
Instead, for negligence torts, the tortfeasor must have failed to act at a level of care that a reasonable person would have acted in the situation, and as a result, the damage occurred. For negligence torts, there are four elements required in all torts: a duty of care required by the tortfeasor; breach of that duty of care by the tortfeasor; actual injury to the victim due to the breach of the duty of care; and causation (but for the tortfeasor's actions, the victim would not have been injured). Examples of negligence torts: - Slip and Fall - Medical Malpractice - Vehicle Accident Strict Liability For strict liability, no intent is needed, nor does it matter if the tortfeasor was negligent. All that is required to be liable is that the injury occurred, regardless of what the tortfeasor did.
There are two broad areas where you may find a business subject to strict liability: - Abnormally Dangerous Activities - Defective products (see product liability) Introduction to Torts Introduction: Torts are civil wrongs or offenses against persons or property resulting in some level of injury. There are numerous specific torts that fall into four general categories: (1) unintentional torts, e.g., negligence, (2) intentional torts, e.g., trespass to property, and (3) strict liability, which includes liability for abnormally dangerous activities, e.g., use of explosives, and (4) strict product liability for defective products. The primary goal of tort law is to compensate for damages incurred.
Among the types of damages for which an injured party may recover are compensation for property loss or damage, for medical expenses, for loss of earnings capacity, and for pain and suffering; in some cases, punitive damages may be awarded to punish the wrongdoer for a particularly egregious offense. Tort law is based primarily in state case law and statutory law with the Restatement of Torts (2nd) used by courts and legislatures as a guideline. Intentional Torts/Business Torts Introduction: Intentional torts are civil offenses in which a wrongdoer (tortfeasor) intentionally commits an act against persons, property or a business that the wrongdoer knew or should have known would result in some level of harm to property, persons, or business.
Types of intentional torts against persons include civil assault and battery, false imprisonment, intentional infliction of emotional distress, defamation, invasion of privacy, appropriation, and fraudulent misrepresentation. Intentional torts against property include trespass to land, trespass to personal property, conversion, and disparagement of property. Special business torts are wrongful interference with a contractual relationship, wrongful interference with a business relationship, and disparagement of a product. Negligence Introduction: Negligence is an unintentional tort in which the wrongdoer does not intend to cause harm as a result of the wrongdoer’s conduct. Negligent acts are the result of the wrongdoer acting carelessly, or failing to act, thus, not exercising an ordinary level of care that a reasonable person would have exercised under the same circumstances.
To create liability, a wrongdoer’s conduct must create a risk of harm that is reasonably foreseeable under the circumstances. The plaintiff/injured party must prove the elements of negligence that include, (1) that the defendant/wrongdoer owed a legal duty of care to the plaintiff under the circumstances, (2) that the wrongdoer acted in a careless manner so as to breach the duty of care, (3) that the breach was the cause of harm to the plaintiff, (4) and resulted in specific harm for which damages can be recovered. A defendant may attempt to defend against a negligence claim by asserting legal defenses of a superceding event, or assumption of risk, or, in certain jurisdictions, comparative or contributory negligence on the part of the plaintiff.
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Introduction
Torts are significant legal concepts involving civil wrongs that cause harm or loss to individuals. Divided primarily into three categories—intentional torts, negligence, and strict liability—these classifications help delineate the boundaries of liability and responsibility within the legal system. Intentional torts require a specific intent to cause harm; negligence centers on a lack of reasonable care, while strict liability holds a party responsible for damages without the need to prove fault.
This assignment will critically analyze the elements of intentional torts, negligence, and strict liability, providing examples and examining their implications in legal contexts.
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1. Intentional Torts
Definition and Elements
Intentional torts are wrongful acts committed deliberately by the tortfeasor. The crucial element that defines these torts is intent, which involves either a purposeful act or knowledge with "substantial certainty" it would result in harm (Garratt v. Dailey, 1955). The key intentional torts include:
- Assault: The act of creating a reasonable apprehension of imminent harmful or offensive contact.
- Battery: The actual physical contact with another person without their consent.
- Trespass: Unauthorized entry onto someone's land or property.
- Intentional Infliction of Emotional Distress (IIED): Conduct that is outrageous or extreme, leading to severe emotional distress.
- False Imprisonment: Confining a person against their will without legal justification.
- Defamation: Making false statements that damage a person's reputation (Prosser et al., 2007).
Case Application
In Garratt v. Dailey, the court elucidated the concept of intent in tort law, establishing that even if the defendant did not intend to cause harm directly, if they acted with substantial certainty that their actions would result in harm, they could be liable. This case serves as a cornerstone for understanding the nuances involved in evaluating intent in torts.
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2. Negligence Torts
Definition and Elements
Negligence, a central theme in tort law, occurs when a party fails to take adequate care, resulting in harm to another. The absence of intent characterizes this category, where the focus shifts to the breach of duty. The four essential elements that must be established in a negligence claim are:
1. Duty of Care: An obligation requiring adherence to a standard of reasonable care.
2. Breach: A failure to meet this standard, leading to the conduct being deemed careless.
3. Causation: The breach must directly cause an injury to the plaintiff.
4. Damages: Actual harm or injury suffered by the plaintiff due to the breach (Schwartz, 2017).
Examples
Common examples of negligence torts include slip and fall accidents, medical malpractice, and vehicle collisions. For instance, in a slip and fall case, a property owner may be liable if they fail to maintain safe premises, resulting in a guest experiencing injuries.
Defenses to Negligence
Defendants may counter negligence claims by utilizing several defenses, including:
- Superseding Cause: A remote event that interrupts the chain of causation.
- Assumption of Risk: The plaintiff knowingly engaged in an activity that posed a risk.
- Comparative or Contributory Negligence: Arguments that the plaintiff’s own negligence contributed to their injury (Posner, 2014).
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3. Strict Liability
Definition and Context
Strict liability diverges from both intentional torts and negligence. Here, the law assigns liability without proving intent or negligence. The premise behind strict liability is to encourage responsible behavior, especially in activities that present an inherent risk or for defective products (Hershman, 2010).
Domains of Strict Liability
There are two primary realms under which strict liability applies:
1. Abnormally Dangerous Activities: Events that carry significant risk, such as using explosives or hazardous materials.
2. Product Liability: Manufacturers and sellers may be held liable for defective products that cause injury, regardless of their intent or the level of care exercised during production (Lazarus, 2015).
In strict liability cases, the claimant must prove that the product was defective and that the defect caused their injury, which simplifies the plaintiff's burden of proof relative to negligence cases.
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Conclusion
Understanding the multifaceted nature of tort law entails recognizing the differences between intentional torts, negligence, and strict liability. Each type plays a crucial role in determining legal consequences for wrongful acts or omissions, reflecting societal expectations for behavior.
Victims of tortious conduct are entitled to compensation, emphasizing accountability, safety, and justice within civil law. As tort law evolves alongside societal norms, its frameworks for addressing various types of misconduct will adapt, ensuring both protection for individuals and recourse for those aggrieved.
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References
1. Garratt v. Dailey, 46 Wash. 2d 197, 279 P. 2d 1091 (Wash. 1955).
2. Hershman, B. (2010). Tort Law in a Nutshell. West Publishing.
3. Lazarus, E. R. (2015). Products Liability: A Comprehensive Guide. American Bar Association.
4. Posner, R. A. (2014). Economic Analysis of Law. Wolters Kluwer.
5. Prosser, W. L., & Keeton, D. E. (2007). Prosser and Keeton on Torts. West Group.
6. Schwartz, V. (2017). Tort Law: Concepts and Insights. Carolina Academic Press.
7. Dobbs, D. B. (2014). The Law of Torts. West Academic Publishing.
8. Oberst, L. L. (2016). Foundations of Tort Law. Thomson Reuters.
9. Smith, J. C. (2019). Intentional Torts and Defenses. Routledge.
10. Weir, C. M. (2021). The Torts Process. Cambridge University Press.