For this assignment, you will prepare a creative deliverable focused on defenses to the different types of torts we learned about this week. You will be able to choose whichever format you wish for your deliverable. Please follow the instructions below and be sure to follow APA form a guidelines.
APA FORMAT
Instructions:
This week’s readings and the Module 4 Lesson addressed defenses to different types of torts.
- For this assignment, create a deliverable of your choice (written document, infographic, PowerPoint, video, etc.) that communicates the information below.
- Explain the defenses to the different types of torts we studied this week.
- As part of your deliverable, be sure to include information on intentional, negligent, and strict liability torts.
For your assignment on defenses to different types of torts (intentional, negligent, and strict liability), you have the flexibility to choose a format like a written document, infographic, PowerPoint, or video. If you’d like, I can help with an outline or draft for your preferred format. Here’s a brief overview of the key points you need to cover for each type of tort and its corresponding defenses:
1. Intentional Torts
Common Defenses:
- Consent: The plaintiff gave permission for the act, either explicitly or implicitly.
- Self-defense: The defendant acted to protect themselves from harm.
- Defense of Others: The defendant acted to protect someone else from imminent harm.
- Defense of Property: The defendant acted to protect their property, though the use of force must be reasonable.
- Necessity: The defendant’s actions were necessary to prevent a greater harm.
2. Negligent Torts
Common Defenses:
- Contributory Negligence: The plaintiff contributed to their own injury by failing to exercise reasonable care.
- Comparative Negligence: The plaintiff’s damages are reduced by the percentage of their own fault.
- Assumption of Risk: The plaintiff knowingly and voluntarily assumed the risk of the activity that caused the injury.
- Statute of Limitations: The time allowed to file a lawsuit has expired.
3. Strict Liability Torts
Common Defenses:
- Assumption of Risk: The plaintiff voluntarily accepted the risk of harm, knowing the inherent danger.
- Act of God: The injury was caused by a natural event that could not have been anticipated or controlled.
- Product Misuse (for product liability cases): The plaintiff used a product in a way it was not intended to be used, leading to the injury.