Here where the answers come use the down paragraph please! Torts TORT LAWTort law involves civil wrongs against other persons. As you read through the chapter, it may seem to you that some of the definitions are similar to crimes. They are. Tort law is kind of the civil side of the criminal wrongs. In criminal law, the acts are committed against society. In civil law the wrongs are committed against a person.We will discuss two separate and distinct types of torts-Intentional torts and unintentional torts.Intentional torts are civil wrongs that require a certain intent in order to be liable for the wrongdoing.An unintentional tort does not require a showing of an intentional act, but rather a sort of recklessness.Unintentional TortsNegligence is an unintentional tort. Any one of us could accidentally commit the tort of negligence. There are four elements (really five because element three hastwo parts) of negligence that must be shown before a person can be liable for it.1) Duty Care2) Breach of Duty3) Causation-a)causation in fact AND ) proximate cause4) DamagesIf any one element of negligence is missing, you cannot prove your case. Duty of care means that duty that is required of you to care for others. When you drive in the car, you have a duty of care to other drivers, bicyclists, pedestrians and to all the things around you. Breach of duty means that you fail in your duty of care. You fail to follow through with exercising a duty of care to someone else. An example would be that you are driving in your car and you are rummaging around in the passenger seat to look for a note that has directions on it. At that point you are not exercising your duty of care to the others around you. If you then hit a pedestrian with your car, causing her a broken leg, there are damages (medical bills and other related damages). There is causation in that circumstance because but for your rummaging around in the passenger seat (causation in fact), you would have seen the pedestrian and it was reasonably foreseeable (proximate cause) that you would run into something if you are not watching the road.In this example, every element of negligence is present. There are some circumstances where just one sub-part of negligence is missing and a party is not allowed to recover. Read the Palsgraf vs. Long Island Railroad case from the link provided in this chapter's materials. There are two links below to videos explaining the Palsgraf case. After you have read the case, use these two video's to explain the reasoning behind the case. The first video explains the court's decision and shows what element of negligence was missing and why Mrs. Palsgraf was unable to recover. The second link (lego video) is not entirely accurate, but entertaining. There will be questions about that on the assignment or test. The first video does contain a bit of harsh language. If you are not comfortable watching it because of that, please contact me via email and I will provide you with an alternative video or link for information on the case.Larry Law Law Link:https://www.youtube.com/watch?v=WeQ7oal4M0MLego Law - Palsgraf case:http://www.youtube.cim/watch?v=mDEbTudkjhcNEGLIGENCE PER SEIn a situation where you have violated the law in combination with all of the elements of negligence, you will have committed negligence per se. That phrase justmeans negligence as a matter of law. An example of negligence per se would be if you were texting and driving in the state of lowa AND hit a pedestrian causing hera broken leg. All of the elements of negligence are present with the added element that you were texting while driving, which is a violation of lowa law.Sometimes it is possible for a defendant to raise defenses if a lawsuit is brought against them based on negligence. There may be a situation where both parties are at fault for an accident. If that is the case, the defendant can claim that there is comparative negligence or contributory negligence depending on which law the statefollows.Contributory Negligence: If a Plaintiff (the party suing) is AT ALL at fault, even one percent, they are not able to recover anything from the defendant. Comparative Negligence: The Plaintiff can recover whatever percentage he/she was not at fault. So if the plaintiff is 60 percent at fault and the defendant was 40percent at fault, the plaintiff can recover 40% of her damages.In lowa, we have a comparative negligence 50 percent rule: If the Plaintiff was more than fifty percent at fault for the accident, they can recover nothing. If they were less than 50 percent at fault, they can still recover damages but only the percentage that they were NOT at fault. If the plaintiff is suing for $100,000 and the jury finds that the plaintiff was 38% at fault, the plaintiff will be able to recover $62,000.00 from the defendant.Intentional torts require a showing that you intended some act that caused the damages that the plaintiff is suing for. There are several intentional torts in your book.Some examples of intentional torts are assault, battery, false imprisonment, conversion. There are also defenses to each of these tortWhile the assault is the action that gives the apprehension that someone is going to have an offensive or harmful contact with you, the battery is the actual contact. IfI come up to you with my fists clenched and act as if I am going to punch you, that is an assault if I could complete the act right away. When I punch you, I havecommitted the tort of battery. It is possible to commit a battery without an assault if someone does not see the harmfulloffensive contact coming.False imprisonment is when you contain someone without justification. In the business scene we can see this in the case of a retailer holding someone for an "unreasonable" period of time. What is a reasonable period of time depends on where you live and what the circumstances are.Defamation is making a FALSE statement of fact about a party that is published to at least on third party and harms the plaintiff's reputation. (If the plaintiff is a public figure, you must prove actual malice). Slader is verbal defamation and libel is writton defamation. In order for a statement to be defamation by definition the statement must be false. Truth is an absolute defense to defamation.The article below gives an example of how a social media mistake can lead to liability in a defamation lawsuit:A Facebook post called Minneapolis dancer a racist. They had the wrong April SellersA Minneapolis dancer hopes winning defamation suit helps get her career. back on track. Star TribuneDefense of property, defense of your self and defense of others are defenses to intentional torts. You can only use the amount of force necessary to protect yourself from the act or threatened act. Therefore it would not be okay for you to shoot someone that pokes your arm with their finger. It would be appropriate to use deadly force if you reasonably felt that your life was in danger and that was the only way to avoid the harm that was being threatened. It is never appropriate to use deadly force to defend ONLY property (i.e. you are not present or there are no people in the house). Search for the case of Katko vs. Briney which was decided by the lowa Supreme Court. This case is known as the spring gun case. You will need information from that case for assignments/tests in this chapter.The following case involves several torts. Although the case is currently pending, this article give a summary of the lawsuit and a proposal of how United may defend against it. Read the article below.What will be the result of Eric Murdock's civil rights lawsuit? Former NBA point guard Eric Murdock and a fellow passenger have filed a civil rights lawsuit against United Airlines. The Crossover assesses their case, the airline's defense and more. Sports IllustratedPRODUCT LIABILITYProduct liability is when someone who makes, sells or leases goods can be held liable for physical harm or property damage caused by their product. This can come either by negligence, misrepresentation, or strict liability.NegligenceChapter 4 discusses negligence and the concept is similar in product liability law. If an manufacturer fails to use due care in manufacturing a product and someone gets hurt, they can be responsible for the harm caused. This liability is not limited to a person with whom the manufacturer entered into a contract with. The manufacturer is responsible to any person who sustains an injury proximately caused by a negligently made product. A manufacturer of a product must use due care in each of the following areas:NEGLIGENCEa. Designing the productb. Selecting the materialsc. Using the appropriate production processd. Assembling and testing the producte. Placing adequate warnings on the label to inform the user of the dangers of which an ordinary person might not be awareInspecting and testing any purchased components used in the final productMISREPRESENTATIONAgain we discussed fraudulent misrepresentation in torts and the same concepts apply to product liability. If a manufacturer or seller intentionally misrepresents facts about a product AND the seller intended to induce the buyer's reliance on that AND the buyer did rely on it the buyer could sue for the tort of misrepresentation.STRICT LIABILITYThe law imposes strict product liability as a matter of public policy. The manufacturer's liability can be almost unlimited if the following requirements are met (in mostinstances(:1. The product was sold in a defective condition.2. The defendant is normally engaged in selling that product. 3. The product is unreasonably dangerous.4. The plaintiff incurs physical harm from use or consumption of the product.5. The defective condition must be the proximate cause of the injury. 6. The goods were not substantially changed from the time the product was sold to the time of the injury.

Intentional torts assignment 1. Define Assault. (2) 2. Give a detailed example of an assault without a battery. (2) 3. Define Battery.(2) 4. Give a detailed example of a battery without an assault. (2) 5. Give a detailed example of an assault and battery happening together. (2) 6. Define fraudulent misrepresentation. (2) 7: Give a detailed example of fraudulent misrepresentation. (2) 8. Define slander. (2) 9. Define libel. (2) 10.Give a detailed example of slander. (2) 11.Give a detailed example of libel. (2)