Law/421 Outline

Tort is a civil wrong where one party has acted, or in some cases failed to act, and that action or inaction causes a loss to be suffered by another party. Governed by state common law principles.

One who commits a tort is known as the Tortfeasor.

The tortfeasor’s wrongful conduct is described as Tortuous Conduct.

1 Intentional Tort is one where the tortfeasor was willful in bringing about a particular event that caused harm to another party. (did not mean to hit a person but you intended to throw the ball) (Assault, Battery, False Imprison-ment, defamation Business interference.) (Defamation, product disparagement, fraudulent misrepresentation, false imprisonment, business competition)

Battery-Intentional infliction of harmful or offensive bodily contact.

Intentional Infliction of Emotional Distress-Extreme, outrageous, or reckless conduct that is intended to inflict emotional or mental distress (Physical harm not necessary)

Trespass (land)- Trespass occurs when a party enters another’s land or causes another person or object to enter land owned by a private party.

Trespass (chattel†)-Trespass occurs when a party interferes with another’s use or possession of chattel (such as personal property).

Conversion-The civil counterpart to theft intended to reimburse a party who suffered damages as a result of theft or any other substantial interference with a party’s ownership, where fairness requires that the tortfeasor reimburse the injured party for the full value of the property.

2 Negligence (unintentional) is an accidental (without willful intent) event that caused harm to another party. (Negligence)

3 Strict liability torts, where a tortfeasor may be held liable for an act regardless of intent or willfulness, applies primarily in cases of defective products and abnormally dangerous activities (such as major construction demolition). Abnormally dangerous activities, high degree of risk (wild animal owner, tiger) (The seller is engaged in the business...