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Published by , 2018-02-20 12:34:18

Law Block Chapter 21 PowerPoint

1

Introduction to
Torts


2
Intentional Torts


3
Negligence



4
Strict Liability
Chapter 21 5



Economic Torts


Tort Law 6
Remedies


7
Misc. Concepts



8
Paralegal’s Role


9
Key Takeaways


10
Assignment

© 2018 UEducate

1
Origins of Tort

Law
Section 1 2



Elements
Common to All
Introduction to Torts Torts



3

Tort Reform Acts

1| Introduction to Torts:

Origins of Tort Law

















 American tort law has its


origins in English law


 Tort law is primarily based

in common law (judge-


made law)


 Some tort law is derived


from state statutes














© 2018 UEducate

1| Introduction to Torts:


Elements Common to All Torts




















▪ Duty


▪ Breach

▪ Causation



▪ Damages




















© 2018 UEducate

1| Introduction to Torts:


Tort Reform Acts










 Tort reform kicked off in

the 1980s



 Tort reformers claim high

damages are unfair to


businesses and drive

away doctors



 Tort defenders say that

high damages are


necessary to fairly

compensate plaintiffs


and deter bad business


practices



© 2018 UEducate

1
Battery and

Assault



2
Section 2 Torts Against
Property



3
Intentional Torts Defamation and

IIED



4

Damages and
Defenses

2| Intentional Torts:

Battery and Assault











 Elements of a battery:


 (1) an intent to commit

(2) a harmful or

offensive contact (3)

resulting in damages


 Elements of an assault:

 (1) an act intended to

create a reasonable

apprehension (2) of

imminent contact (3) that

is either harmful or

offensive








© 2018 UEducate

2| Intentional Torts:

Torts Against Property














 Trespass to land is a


tort against real

property



 Trespass to chattel is a

tort against personal


property


 Conversion is a tort


against personal

property










© 2018 UEducate

2| Intentional Torts:

Defamation and IIED















 Defamation includes:


 Libel


 Slander


 Intentional Infliction of


Emotional/Mental


Distress (not available

in all jurisdictions)















© 2018 UEducate

2| Intentional Torts:

Damages and Defenses















 Typical intentional tort

damages include: pain and


suffering; disfigurement;


lost wages; economic loss;

medical expenses



 Typical intentional tort

defenses include: consent;


self-defense; defense of

others; necessity










© 2018 UEducate

1
General

Section 3 Elements of
Negligence



2
Negligence Standard of Care



3

Damages and
Defenses

3| Negligence:

General Elements of Negligence











 Duty (owed to


foreseeable plaintiffs)


 Breach (violation of


duty)


 Causation


 Cause-in-fact



 Proximate cause


 Damages (plaintiff


suffers harm or

financial loss)







© 2018 UEducate

3| Negligence:

Standard of Care









 Two general


approaches to


 standard of care:


 Reasonably prudent

person standard


(common law)


 Failure to exercise


reasonable care


under all of the

circumstances


(Restatement 3d of

Torts)




© 2018 UEducate

3| Negligence:

Damages and Defenses
















 Negligence cases require


proof of actual harm to the

plaintiff (no nominal


damages available)


 Defenses:



 Contributory negligence


 Comparative negligence


 Assumption of the risk










© 2018 UEducate

1
Section 4 Types of Strict
Liability



2
Strict Liability Damages and

Defenses

4| Strict Liability:

Types of Strict Liability









 Abnormally

dangerous activities



 (a/k/a ultra-

hazardous activities)


 Dangerous animals


 Wild animals


 Domestic animals


with known


propensities


 Defective or


dangerous products






© 2018 UEducate

4| Strict Liability:

Damages and Defenses








 Like negligence actions,

under a theory of strict

liability only actual

damages are available


 Cannot claim damage or

loss to defective product

 Must claim damage or

loss through personal

injuries and/or loss of

other property


 Defenses commonly

include: product misuse or

alternation; compliance

with standards;

negligence from plaintiff


© 2018 UEducate

1
Fraud and
Negligent

Misrepresentation
Section 5 2



Interferences and
Injurious
Economic Torts Falsehood



3

Damages and
Defenses

5| Economic Torts:

Fraud and Negligent Misrepresentation












 Fraud and intentional


misrepresentation


(requires knowledge of

falsehood)



 Negligent

misrepresentation (no


knowledge

requirement)



 Often plead together or

in the alternative








© 2018 UEducate

5| Economic Torts:

Interferences and Injurious Falsehood










 Interference with


contractual relations

(requires the


existence of a


contract)


 Interference with

prospective advantage


(no contract)


 Injurious falsehood


(business libel or


slander)






© 2018 UEducate

5| Economic Torts:

Damages and Defenses















 Economic torts present


obstacles to damages


 Hard to ascertain



 Certain damages

unavailable



 Defenses vary according

to whether the tort is


intentional or negligent











© 2018 UEducate

1
Section 6 Legal and
Equitable
Remedies



Remedies 2

Restitutionary
Remedies

6| Remedies:

Legal and Equitable Remedies













 Legal remedies



 Money damages


 Legal remedies are


the most commonly

awarded


 Equitable remedies



 Injunctive relief


 Specific


performance








© 2018 UEducate

6| Remedies:

Restitutionary Remedies















 Based on the


defendant’s gains, not


the plaintiff’s losses;

returns property to


plaintiff


 Examples:


 Replevin



 Ejectment











© 2018 UEducate

1
Section 7 Multiple
Defendants



2
Miscellaneous Tort Concepts Wrongful Death

and Survival of
Action

7| Miscellaneous Tort Concepts:

Multiple Defendants

















 Special theories of

liability come into play


in cases where there


are multiple

defendants


 Vicarious liability



 Joint and several

liability











© 2018 UEducate

7| Miscellaneous Tort Concepts:

Wrongful Death and Survival of Action











 What happens when a

victim passes away


before a successful suit?


 Wrongful death allows


survivors (family


members) to sue the

tortfeasor



 Survival of action

prevents tortfeasors


from escaping liability

when the victim dies






© 2018 UEducate

1
Research and

Section 8 Gathering
Evidence




2
The Paralegal’s Role in Tort Drafting
Discovery and
Law Pleadings



3

Trial Preparation

8| The Paralegal’s Role in Tort Law:

Research and Gathering Evidence











 Paralegals commonly

research tort-specific

elements, jurisdiction-

specific causes of action,

and available damages

 Paralegals play an


important role in gathering
evidence


 Be proactive – look for ways

you can supplement the

case file through additional

research avenues or ideas

for fact-finding






© 2018 UEducate

8| The Paralegal’s Role in Tort Law:


Drafting Discovery and Pleadings














 Drafting discovery is a

large part of the role of a

paralegal


 Requests

 Responses


 Discovery in most tort

cases is voluminous

 Drafting pleadings and

motions is another

common task for

paralegals








© 2018 UEducate

8| The Paralegal’s Role in Tort Law:

Trial Preparation













 Paralegals assist all the


way through the end of

trial



 Preparation of evidence

binders



 Preparing fact

witnesses


 Identifying expert


witnesses










© 2018 UEducate

Conclusion Section 9


Key Takeaways






























© 2018 UEducate

9| Key Takeaways:

Conclusion









▪ Tort law encompasses intentional torts, negligent

torts, and strict liability



▪ All torts have the common elements of duty,

breach, causation, and damages


▪ Tort law is primarily common law, and the


availability of causes of action, as well as their


exact elements, are very different among

jurisdictions



















© 2018 UEducate

Section 10



Law Block I
Assignment 1
Assignment




























© 2018 UEducate

10| Assignment:

Law Block I Assignment 1







Tort Law



For those of you with the Request for Special Set Hearing,


this a very common task in litigation. Anything in excess of a 5-


minute motion calendar will more than likely require a special

set hearing at which the judge can devote more time to each


side for more complex factual or legal issues. These special set


hearings can range from 10 minutes to 1 hour. Given the 12


numbered instructional paragraphs at the outset of the


assignment, you should essentially correlate the 12


instructional paragraphs to the 12 blanks in the template. You

should delete the instructions from the final format prior to


submission.




© 2018 UEducate

10| Assignment:

Law Block I Assignment 1 (Cont’d.)






For those of you with the Motion to Compel Attendance, the


context of the assignment involves a failure to appear at a


deposition without due notice and a subsequent attempt to have


the court compel the deponent’s attendance. This is governed by

Florida Rule of Civil Procedure 1.380. It usually arises in the


discovery phase of a given litigation. Whenever a deponent fails to

show at a deposition the attorney should request a Certificate of


Non-Appearance (“CNA”) from the court reporter. Given the 15


numbered instructional paragraphs at the outset of the assignment,


you should essentially correlate the 15 instructional paragraphs to

the 15 blanks in the template. You should delete the instructions


from the final format prior to submission.







© 2018 UEducate

10| Assignment:

Law Block I Assignment 1 (Cont’d.)









For those of you with the Motion to Compel Discovery, the


context of the assignment arises from an adverse party’s failure


to timely respond to propounded interrogatories and requests


for production. It takes place in the discovery phase of the


given litigation. Given the 15 numbered instructional


paragraphs at the outset of the assignment, you should

essentially correlate the 15 instructional paragraphs to the 15


blanks in the template. You should delete the instructions from


the final format prior to submission.














© 2018 UEducate

10| Assignment:

Law Block I Assignment 1 (Cont’d.)






For those of you with the Motion for Attorney’s Fees, the


context of the assignment arises from you moving the court to


find that you are entitled to attorney’s fees. Entitlement to


attorney’s fees is a threshold matter that must be determined


before the actual amount of attorney’s fees is determined.


Attorney’s fees can only be recovered if said fees are based on

a statute or a contract providing for such or as a form of a court-


imposed sanction. Given the 12 numbered instructional


paragraphs at the outset of the assignment, you should


essentially correlate the 12 instructional paragraphs to the 12


blanks in the template. You should delete the instructions from


the final format prior to submission.





© 2018 UEducate


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