Question

1. List 5 intentional torts, and explain the elements needed to prove each.
2. List and explain the elements to prove negligence.
3. What is the difference between negligence per se and comparative negligence?
4. What is the relationship between contributory negligence and res ispa loquitor?
5. What are the differences in the 3 types of damages available in a tort case?

Answer 1

QUESTION NO. 1 The 5 types of intentional torts are : Battery, Assualt, Flase imprisonment, Trespass, Conversion. They are explained below-

1. Battery: It is the intentional touching of, or application of force to the body of another person in a harmful or offensive manner( and without the consent )

For example: if someone punches you in the face or when someone intentionally put poision in your food.

2. Assualt: It takes place when one person acts intentionally in a way that causes the other person to fear an immediate harmful or offensive act.

3. Trespass : It is an intentional act of invading your property or things attached to your property. Remember the defendent does not necessarily cause any damage to the property.

4. Conversion: it occurs when someone(A) chattel is lost and is found by someone else (B) . B starts using the chattel without the authority to do so thereby depriving Mr. A from using it.

5. Flase imprisonment : It means unlawful restraint of an individual's freedom of movement.

QUESTION NO. 2 In order for a plaintiff to win a lawsuit for negligence, they must prove all the elements of negligence which are as follows:

1. Duty: The plaintiff must prove that the defendant owned her a legal duty of care under the circumstances. For example : In case of doctor and patient.

2. Breach of Duty: It is when the defendant fails to meet their duty of care by failing to act in a required manner.

3. Causation : The plaintiff must show that the breach of duty has caused her injuries.

4. Damages: The defendant is liable to compensate the plaintiff for all the loss or damages caused by him.

QUESTION NO. 3 In ordinary negligence case, the plaintiff has to prove the negligence. But because of the doctrine of negligence per se, it makes it easier for the plaintiff to recover damages because in negligence per se the jury no longer has to consider whether the defendant's actions were reasonable or not.

Comparative negligence is when the recovery amount due to damages is reduced or eliminated based on the percentage of carelessness on the part of the plaintiff himself.

QUESTION NO. 4 Contributory negligence: It means that the careless plaintiff who help cause their own injuries recover nothing in negligence lawsuit. Whereas in case of Res ipsa loquitor, it helps the plaintiff to prove negligence because the accident speaks for itself. It means because of the accident, the jury can assume that the defendant must have been careless.

QUESTION NO. 5 Different types of damages are as follows

1. Compensatory damages: It helps the plaintiff reach his original position at which he was before the tort was committed against him. This is not to punish defendant but to help plaintiff restore normalcy.

2 Aggravated damages:It is given for the extra harm caused to plantiff which can not be compensated by compensatory damages. For example : loss of self esteem or pain.

3. Punitive damages: The motive is to punish the defendant. Generally given when the jury thinks the tort committed by him is severely gross.