Text № 10 Liability without fault
We have already examined intentional interferences and negligent conduct. In the area of liability without fault, neither party has intentionally interfered with another’s person or property, nor was either party’s conduct below the reasonable standard. Yet liability is imposed upon one of the parties. Why? The reason lies in a policy determination made by the court. In effect, the court asked: Between the two parties, who should bear the loss?
Common situations of liability without fault include injuries caused by abnormally dangerous instrumentalities
or activities, and the application of the «Dram Shop» laws. The first situation includes injuries inflicted by animals. Liability is imposed on the owner of the animal because it is felt that he should be required to protect the community from any risks involved in keeping that animal. Most courts hold that damages to property caused by the trespass of animals such as horses, cattle, and wandering fowl impose strict liability on their owners. Some courts make an exception to this rule for cats and dogs since they cause minimal damage in their wanderings. On the other hand, statutes in many states expressly provide that owners are liable for damage done by all domestic animals.
Courts have consistently held that any injury inflicted by a «dangerous animal» subjects the owner of that animal to strict liability. Lions, tigers, bears, monkeys, and similar species are classed as «dangerous». When other animals inflict injury, the law imposes liability only if the owner of the animal knew, or had reason to know, that the animal might be dangerous. This class includes cattle, sheep, horses, dogs, and cats. It is from this rule that the old phrase «every dog is entitled to one bite» received its validity. Presumable after the first bite, the owner should know that his dog has a propensity to become violent and attack someone. If at some later date the dog injures a third party, its owner may be held responsible for the damages.
Strict liability for damages is imposed on the owners of abnormally dangerous instrumentalities or the directors of dangerous activities. Under this theory, the owner of a ten-ton tractor or steam roller is held liable for any injuries caused by these machines. Dynamite blasting is an example of an abnormally dangerous activity that can impose liability on the person in charge. Liability has been imposed in these situations partly because the owner of a potentially dangerous machine or the controller of a hazardous activity is seeking economic gain through its use. Therefore, he should pay for any injuries which occur as a consequence of his operations
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Strict liability is also imposed in those situations involving the «Dram Shop» laws. Many states have statutes holding sellers of intoxicants responsible for any injuries to a third person resulting from the intoxication of a customer. For example, suppose Roger buys a large amount of liquor from Rush’s Tavern. As a consequence, Roger becomes extremely intoxicated and later incites a brawl in which he injures John. Under the «Dram Shop» laws, John could recover damages from Rush’s Tavern for the injuries he suffered as a result of Roger’s intoxication.
Tasks for the text:
1. Read the title of the text and say what the text is about.
2. Divide the text into some parts and name each part.
3. Make up the plan of the text.
4. Find the sentences in each part which contain the main idea.
5. Say what new facts and information you have found out from the text.
6. Give a brief summary of the text.
Text № 11 Deceit and Defamation
Deceit is a misrepresentation that interferes with a person’s interests. An individual is liable for deceit when he deliberately cheats another person of property or some other interest by misstating or omitting relevant facts. The following elements must be present in a law suit brought to recover damages for deceit:
•The defendant must make a false statement.
•The defendant must know that it is false.
•It must be made with the intention of inducing the victim to act or refrain from acting.
•The victim must justifiably rely on the defendant’s misrepresentation in acting or in refraining from acting.
· The victim must suffer damages as a result of his reliance.
To illustrate this tort, suppose Jones, purporting to be an insurance salesman, calls on Smith and seeks to sell him fire insurance on his new house. Jones tells Smith that he can write a valid binder, insuring the house against loss by fire. Jones deliberately makes this statement in the hope of defrauding Smith of some «premium» payments. Not having any reason to be suspicious, Smith relies on Jones’s statement and writes him a check for the first «premium». Thereafter, fire destroys Smith’s house, and he has no insurance. Smith could recover from Jones for damages he incurred due to Jones’s deceit.
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A person has been defamed when a communication is made to others which tends to expose him to public hatred, shame, ostracism, ridicule, or which causes him to be avoided or shunned. There are two forms of defamatory communication: libel, or written communications, and slander, which is an oral statement.
Any time a defamatory communication is printed, the victim usually can recover without proving any particular personal injury. The existence of damages is conclusively presumed from the publication of the libel. By the same reasoning, slander results any time a defamatory communication is made orally. Generally, however, in the case of slander, the victim must prove damages to recover in court.
Truth is almost always a defense to a libel or slander suit. However, a mistaken belief that the printed matter is true does not constitute a defense. Consent is another defense. If the person who claims to have been defamed actually consented to. the publication of the statement, he cannot recover damages.
Judges, legislators and executive officials are privileged to make defamatory statements during the exercise of their duties. However, this privilege is balanced by the rule allowing individuals to comment fairly on the actions of public officials. Liability for libel or slander will not be imposed upon the person making the comment unless the public official can prove it was made with «actual malice».
Many of the basic principles of tort law have been discussed in this chapter. Individual situations, however, may require additional principles or variations of the basic rules. Thus, the individual should consult a competent attorney before making any decision on these matters. In most situations involving tort liability, the incident happens very quickly, and the parties often act on impulse. Since this type of action can be detrimental to a person’s interests, the best rule is to be prepared. If he recognizes the possible consequences of the situation, the individual can minimize his injuries and maximize his chances of re-covering from the responsible party. People involved in accidents often find that impulsive statements such as «it was all my fault- come back to haunt them if they are charged with negligent conduct. They may find out that, legally, it was their fault. In light of these many unfortunate incidents, remember to gather the following information if you are involved in a tortious situation:
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1. The date and hour of the incident;
2. The exact place of the incident;
3. The names, addresses, and phone numbers of all witnesses;
4. The weather conditions, if applicable;
5. Pictures of relevant data, if possible;
6. Any statements that are made by witnesses or participants;
7. Name and address of any attending physician, if applicable;
8. A brief, written summary of exactly what occurred during the incident.
In addition, it is best to make no statement whatsoever. If asked a question, make a short reply or to refuse to comment without first speaking to a lawyer. Using these recommendations can prove invaluable if the case goes to court over injuries resulting from the incident.
Tasks for the text:
1. Read the title of the text and say what the text is about.
2. Divide the text into some parts and name each part.
3. Make up the plan of the text.
4. Find the sentences in each part which contain the main idea.
5. Say what new facts and information you have found out from the text.
6. Give a brief summary of the text.
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