COMM 3410 Lecture Notes - Lecture 7: Intentional Tort, Equitable Remedy, False Imprisonment
1 Dec 2017
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Civil causes of action between private individuals seeking compensation for their injuries. A really broad de nition, as it is a very broad area of the law. A failure to perform a legal obligation (duty) (e. g. negligence, reasonable care) A violation or invasion of a person"s privacy rights (e. g. invasion of privacy) Each of these torts, cause of action is a combination of different facets. Facet i: plaintiff"s case in chief (prima facie case): the plaintiff has to prove the elements, need to prove them all; motion for direct verdict; defendant: say plaintiff didn"t prove one of the elements, then no cause of action. Facet ii: defendant"s case (responses) -denial; - af rmative defense: admit did it, but justify it. accept responsibility with justi cation by some law, self-defense. Need to prove that defendant meant to do the act. *equivalent criminal tort: prosecutor decided if the society is in danger.
