TORTS

Vocabulary:

duty of care - обязанность соблюдать осторожность

breach of the duty – нарушение обязанности

damages – возмещение ущерба

guilty beyond a reasonable doubt – виновен без сомнений

substantial fines – существенные штрафы

assault - словесное оскорбление и угроза физическим насилием или покушение на нанесение удара либо угроза таковым

battery - оскорбление действием

false imprisonment - неправомерное лишение свободы

infliction of emotional distress – причинение эмоционального расстройства

trespass - противоправное нарушение владения

negligence - неосторожность халатность

Classification of Torts

Torts are divided into the following three categories: 1) Intentional torts; 2) Negligence; 3) Strict liability.

Intentional torts are those wrongs which the defendant knew or should have known would occur through their acts or omission of acts. Negligent torts occur when the defendant's actions were unreasonably unsafe. Strict liability wrongs do not depend on the degree of carefulness by the defendant, but are established when a particular action causes damage.

Intentional torts.

Against person

Assault: An intentional, unexcused act creating in another person reasonable anxiety or fear of immediate harmful or offensive contact (e.g., pointing a gun at someone). It is Non Contact: i.e., freedom from having to expect harmful or offensive contact.

Battery: An intentional, unexcused and harmful or offensive contact (and/or hitting the person). Contact- throwing a stone, i.e., a harmful or offensive contact.

False Imprisonment: The intentional confinement of another person or restraint of another person’s activities without justification. The confinement may occur through the use of physical barriers, physical restraint, and/or threats of physical force.

Intentional Infliction of Emotional Distress: An intentional act that develops to extreme and outrageous conduct resulting in severe emotional distress to another person. The injured person feels emotional pain, anxiety and nervous strain.

Against property

Trespass to Land: Entry onto, above, or below the surface of land owned by another without the owner’s permission or legal authorization. Consider oil wells- drainage. Also, compare airplanes.

Trespass to Personal Property: Taking or harming another’s personal property, in such a way as to interfere with the other person’s right to exclusive possession of his or her personal property, without the owner’s permission or legal authorization.

Negligence

Negligence: Failing to exercise the standard of care that a reasonable person would exercise in similar circumstances.

In contrast to intentional torts, negligence requires no intent on the part of the wrongdoer, nor does it require that the wrongdoer know or believe the consequences that his or her act or omission may cause. Negligence requires that the wrongdoer’s act or omission create a risk of the consequences complained of by the injured party.

In other words, negligence involves NO intent and/or NO knowledge or belief. Point: It is the act that creates the risk, not what the person’s intent was

In a case of negligence lawsuit the plaintiff must prove

1. the wrongdoer owed a duty of care to the plaintiff,

2. which the wrongdoer breached, (causation) and

3. which

   1. actually causes

   2. a legally recognizable injury to the plaintiff.

Careless driving resulting in an accident, careless conduct of medical personnel, reckless maintenance of houses or hotel premises are only some examples of negligence on the part of those who have a duty of care – drivers, doctors and nurses, landlords and hotel owners. The breach of this duty causes injuries in other people.

Exercise 1

Answer the questions:

1. Brittany committed what tort when she attempted to hit Karen and she missed

2. In 1898, Murphy O’Connor asked his friend, Ormrod Jones, to drive Murphy’s fancy car to Monte Carlo. Shortly after setting off Ormrod carelessly drove into a public library. Murphy had to pay the damages and was sued with this tort.

3. Mike punches Jim. Jim sues Mike for this tort

4. This tort protects and vindicates the basic rights of the citizen against deliberate even well meaning invasion whether or not any damage is caused

5. Brittany locks Dr. Hermida in the janitor’s closet in the Soc department because he gave her a bad mark on her presentation, Brittany committed this tort

6. Publicly humiliating a person in order to cause them harm or ruin their reputation

7. A failure to exercise a degree of care that a prudent responsible person would give

8. Forcible confinement is to false imprisonment as assault is to this

9. An ambulance took too long to arrive at an emergency scene, causing the victim to suffer a massive heart attack. The ambulance was held liable under this tort

Exercise 2

Read the following story and indicate the appropriate tort in the blank space provided.

Jennifer and Giorgio were classmates at Cleghorn College in Arkansas. Though Giorgio, a male student from Italy, thought he and Jennifer, a female student from Michigan, were only friends, she fell in love with him and had decided to marry him at all costs, the fact that Giorgio was not aware of. She began to slip into his yard every night and watch him sleeping through the open window. She never hurt or disturbed anything in the yard, she just watched him.

________________________

Unfortunately Jennifer did not know that Giorgio and his fiancee (невеста) Mary whom he met before had decided to marry but had not announced their engagement. Because Mary was completing her studies at the University of Texas at Austin, Jennifer never saw Mary – that is until Christmas break, when Jennifer found out that Giorgio was not sleeping alone anymore.

Jennifer was shocked – her dreams crashed. Then she decided to talk to Mary. She cornered Mary in the ladies’ room at the local movie, locked her in a toilet stall, and would not let her out, all the while telling about her affection to Giorgio and asking Mary to leave him. After twenty minutes or so, Mary agreed to give up Giorgio, and Jennifer released her.

_______________________________

Mary had lied, as Jennifer understood very soon while watching through Giorgio’s window.

Jennifer became furious. The next day she met Giorgio and Mary at church and cried terrible insults at Mary, calling her the most bad names and threatening with revenge. Mary was so distressed that she fell into real panic. Later she got sick, couldn’t sleep, lost appetite and was really afraid.

____________________________

Not satisfied with that Jennifer began following Mary and bumping, elbowing and tripping (ставить подножку) her whenever possible though it always appeared to be an accident on Jennifer’s part.

_____________________________

Mary can take no more. She seeks legal help from you, the new hot lawyer in town.

Advise what can Mary do in order to defend herself.