6+Torts+&+Strict+Liability

From the Latin word //tortus// meaning “//twisted//” is used to refer to a wrong against an individual.
 * TORT LAW **
 * What does the word tort mean? **


 * The difference between criminal law and tort law? **
 * Crimes not only hurt individuals, but the general welfare and safety of society.
 * Torts are private wrong doings from one person to another that interferes with the person’s rights.

ASSAULT (threatening to strike or harm someone - right to be free from bodily harm) BATTERY(unlawful touching of another) TRESPASS (right to own property free from damage or trespass) NUISANCE (anything that interferes with someone’s enjoyment of life) INTERFERENCE (right to conduct business without interference) DECEIT (false statements to hurt another) CONVERSION (taking someone’s property) FALSE ARREST (unlawful restraint) DEFAMATION (right to enjoy a good reputation) INVASION OF PRIVACY (interfering with a person’s right to be alone) MISUSE OF LEGAL PROCEDURE (bringing legal action with malice and without probable cause) INFLICTION OF EMOTIONAL DISTRESS (intentionally causing emotional or mental suffering)
 * Intentional and Unintentional Torts **
 * Intentional:**


 * Unintentional:**
 * Negligence: **
 * The Simpson's Blowfish Example **

[]   You just received a pair of K2 in-line skates as a gift. Your dad is reading the newspaper and calls to you from the other room, “We have to take your skates back to the store!” When you ask why, he shows you this blurb in the paper: “K2 Corp., of Vashon, Wash., is recalling ‘FLIGHT ALX’ brand in-line skates. The skate’s plastic brake mount could crack and fail, causing the skater to fall and suffer serious injury.” While you grumble about the hassle of exchanging the skates, your dad explains that there are many organizations as well as an entire government agency dedicated to ensuring that consumer products are safe. He also explains that there are laws that make manufacturers liable for defective products.
 * McDonald's Case **
 * STRICT LIABILITY **

In this lesson, you will learn about the legal concept of “strict liability,” which governs who is responsible for problems caused by unsafe products. You will also explore some Web sites of groups that alert consumers to product safety problems.

What is Strict Liability? When some activities are so dangerous that the law will not apply either principle of negligence or the rules of intentional torts to them. When people are injured from defects in products that they buy, usually the firm that manufactures the product is liable.
 * Background **

<span style="font-family: Arial,Helvetica,sans-serif;">1. Read a definition of the term, "strict liability." [] <span style="font-family: Arial,Helvetica,sans-serif;">The term will be used freely in this lesson with the assumption that you know what it means. Write the definition in your notes, along with an example that will remind you how this concept works.

<span style="font-family: Arial,Helvetica,sans-serif;">Create a page and answer the following questions. <span style="font-family: Arial,Helvetica,sans-serif;">1. How can strict liability laws protect consumers?
 * <span style="font-family: Arial,Helvetica,sans-serif;">Task: **

<span style="font-family: Arial,Helvetica,sans-serif;">2. What are the positive and negative aspects of strict liability laws for manufacturers ?

3. Do you think the CPSC and the private organizations do a good job of informing the public when there are unsafe products? Explain. 4. Do you think it is the government’s responsibility to notify consumers about product safety? What other groups or agencies should be involved? (Did you know that sending in the warranty card on a new purchase ensures that the manufacturer will notify you personally if there is a recall?)