This lecture video covers tort law. The professor begins by discussing upcoming CSR reports and interviews before delving into the core topic: the basics of tort law, distinguishing it from criminal law, explaining types of damages (compensatory and punitive), and classifying torts by intent (intentional, unintentional, and strict liability). The lecture focuses primarily on intentional torts against persons.
Tort Law vs. Criminal Law: Tort law focuses on compensating injured parties for harm caused by others, while criminal law focuses on punishing offenders and upholding societal order. The same action can be both a crime and a tort.
Types of Damages: Compensatory damages aim to restore the injured party to their previous state (broken down into special/quantifiable and general/unquantifiable damages). Punitive damages punish the defendant and deter future wrongdoing.
Classifications of Torts: Torts are categorized by intent: intentional (the actor meant to perform the action), unintentional (negligence), and strict liability (liability regardless of intent, usually for abnormally dangerous activities or product defects).
Intentional Torts (Examples): The lecture details several intentional torts against persons, including assault (intentional threat of harm), battery (intentional harmful or offensive contact), false imprisonment (intentional confinement), intentional infliction of emotional distress (extreme and outrageous acts causing severe distress), defamation (false statements harming reputation - libel (written) and slander (spoken)), invasion of privacy (various forms, including intrusion, false light, and public disclosure of private facts), appropriation (using someone's likeness for commercial gain), and fraudulent misrepresentation (intentional deceit).
Upcoming Interviews and Assignments: Students will have mock interviews on Thursday, requiring resumes and professional attire. No assignments are due this week, but the discussion question for the next two weeks will revolve around tort reform.
Tort Law's Purpose: Tort law provides a civil legal framework for individuals to seek compensation for harm caused by another's actions. This differs from criminal law, which focuses on punishment and deterrence. The plaintiff in a tort case is the injured party, seeking compensation for losses, unlike criminal cases where the state prosecutes.
Damages in Tort Law: The lecture comprehensively explains damages. Compensatory damages aim to make the injured party "whole" again, including both special damages (quantifiable losses like medical bills and lost wages) and general damages (non-quantifiable losses like pain and suffering). Punitive damages are designed to punish the defendant and deter similar behavior in the future; their amount is significantly influenced by the defendant's actions and the severity of the harm caused. The professor uses the Donald Trump defamation case as a prime example.
Intent and Tort Classification: Torts are categorized based on the intent of the actor. Intentional torts require the actor to have intended the action (though not necessarily the outcome); unintentional torts (negligence) involve carelessness; strict liability holds individuals liable for harm regardless of intent, typically in cases involving abnormally dangerous activities or defective products.
Specific Intentional Torts: The lecture thoroughly covers various intentional torts against persons. Key examples include assault (threatening imminent harmful or offensive contact), battery (actually causing harmful or offensive contact), false imprisonment (unjustified confinement), intentional infliction of emotional distress (extreme and outrageous conduct causing severe emotional distress), defamation (false statements harming reputation, libel for written and slander for spoken), invasion of privacy (including intrusion, false light, and public disclosure of private facts), appropriation (unauthorized use of someone's likeness for commercial gain), and fraudulent misrepresentation (intentional deceit for personal gain). The professor emphasizes the specific elements required to prove each tort.
Defenses to Torts: The lecture introduces defenses against tort claims. Truth is an absolute defense to defamation. Opinions, if genuinely held and not presented as fact, can be a defense. The concept of "assumption of risk" (as in a haunted house scenario) is mentioned as relevant to certain torts.
Tort Reform: The discussion question for the coming weeks revolves around tort reform, specifically the debate surrounding quantifying damages for certain injuries (like limb loss) to remove the element of jury discretion. Different stakeholders (doctors, insurance companies, plaintiffs) have varying perspectives on this.
Practical Application and Upcoming Activities: The lecture integrates upcoming class activities, including mock interviews for students to practice professional skills and gain experience in preparing for real-world job interviews. The professor highlights the importance of bringing updated resumes to the interviews.
