As we study chapter six, we learn the elements of tort. Tort law is a private law. Criminal cases generally involve tort cases, however, tort cases rarely involve criminal cases. Omission is referred to as negligence--in more severe cases it is called gross negligence. For torts to be successful, they must prove one of four thins--due care or ordinary care, omission or negligence, a casual connection and the resulting harm to the injured party, and actual harm or damage to the injured party as a result of negligence. Proximate cause protects some people in tort cases. Proximate cause limits liability to consequences that have a reasonable relationship to the negligent consequence. If a consequence is to remote, it will not result in liability.
Comparative negligence is also referred to as contributory negligence. This says that if a defendant contributed negligence to the situation, there may be no recovery. This may be placed into a percentage. After my wife was in an accident, the other ladies insurance company told us that my wife was ten percent to blame because she was there. This seems to be a abuse of contributory negligence. Just being in a place should not be a ground for contributory negligence. If the other lady had not made an illegal turn, the accident would not have happened. In a case in Iowa, four young boys were killed while riding a atv on a public road. The driver of the truck that hit them was charged with vehicular homicide. Since it is illegal to drive an atv on public roads, that is contributory negligence.
To be found liable, a plaintiffs must establish intent. To establish intent, the state of mind of the defendant, the defendant must know the possible consequences of the act, and knowing that certain outcomes will occur must be proven.
We study the difference between assault and battery. Assault is the intentional conduct that place fear in another person, and battery is the unlawful touching of another person. Self-defense and protection of others in trouble can protect a person from assault and battery charges.
In the business world, defamation is more prevalent. Defamation may be the result of a bad exit from a company. When employment does not end in a positive way, bad comments may result placing harm on ex employees or ex employers.
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