The objectives below are tasks that you should be able to complete following the chapter coverage, or questions that you should be able to answer.

 

Chapter 12 – Torts and Cyber Torts

Section 1 - The Basis of Tort Law

1. Differentiate civil tort law from criminal law (from class discussion)

2. Identify damages available in a tort action; differentiate compensatory damages from punitive damages

 

Section 2 - Intentional Torts against Persons

3. Explain the differences between intentional torts and negligence

4. Apply the rules regarding the following intentional torts against persons:

    a. Assault and battery, including defenses

    b. False imprisonment, including merchant protections

    c. Infliction of mental distress

    d. Defamation (slander and libel), damages, and defenses including privileged speech and public figures

    e. Invasion of privacy; apply the four common law branches and explain case 12.1, Anderson v. Mergenhagen

    f. Fraudulent misrepresentation; explain case 12.2, McClain v. Octagon Plaza

 

Section 3 - Business Torts

5. Analyze disputes under the tort, wrongful interference with a contractual relationship

 

Section 4 - Intentional Torts against Property

6. Explain and apply the rules regarding trespass

 

Section 5 - Negligence

7. Explain and apply the rules of negligence, that is, duty of reasonable care, breach of the duty, injury, and causation

    a. Breach of due care – Explain the reasonable person standard, the duty of care for professionals, and the no duty to rescue rules

    b. Injury - Apply the rules regarding damages

    c. Causation – Differentiate causation in fact from proximate cause.  Apply both and explain case 12.3, Palsgraf v. Long Island Railroad

 

Section 6 - Defenses to Negligence

8. Describe defenses to negligence, including assumption of risk and comparative versus contributory negligence; explain case 12.4, Sutton v. Eastern New York Youth Soccer Association

Section 7 - Special Negligence Doctrines and Statutes

9. Define Good Samaritan statutes and dram shop acts

 

Section 8 - Cyber Torts

10. Apply the rules regarding online defamation and the Communications Decency Act

 

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