BUSINESS LAW Twomey Jennings 1 st Ed Twomey
BUSINESS LAW Twomey • Jennings 1 st. Ed. Twomey & Jennings BUSINESS LAW Chapter 9 Torts © 2004 West Legal Studies in Business A Division of Thomson Learning
BUSINESS LAW Twomey • Jennings 1 st. Ed. General Principles • Tort is a non-criminal or civil injury to a person or her property interests. • Types of Torts: – Intentional: substantial certainty. – Negligence: breach of standard of care. – Strict Liability: liability without fault. © 2004 West Legal Studies in Business A Division of Thomson Learning 2
BUSINESS LAW Twomey • Jennings 1 st. Ed. Intentional Torts • False Imprisonment. – Intentional detention without consent. – Shopkeeper’s Privilege permits detention for reasonable time with reasonable suspicion. • Intentional Infliction of Emotional Distress. – Goes beyond all bounds of deceny. – Outrageous conduct. © 2004 West Legal Studies in Business A Division of Thomson Learning 3
BUSINESS LAW Twomey • Jennings 1 st. Ed. Intentional Torts • Invasion of Privacy. – Intrusion into Private Affairs. – Public Disclosure of Private Facts. – Appropriation. Midler v Ford Motor Co. (1988) Did Ford commit the tort of invasion of privacy against Midler? © 2004 West Legal Studies in Business A Division of Thomson Learning 4
BUSINESS LAW Twomey • Jennings 1 st. Ed. Intentional Torts • Defamation. – Untrue statement published to a third party that damages a person’s property interest. – Slander is oral defamation. – Libel is written (broadcast, internet). Randi v Muroc JUSD. (1997) Is failure to disclose in a recommendation letter actionable as an intentional tort? © 2004 West Legal Studies in Business A Division of Thomson Learning 5
BUSINESS LAW Twomey • Jennings 1 st. Ed. Intentional Torts • Product Disparagement. – False statement about a product. – Slander of Title/Trade Libel. • Wrongful Interference with Contracts. – Third party (A) substantially interferes with a contract between B and C, causing either B or C to break the contract. © 2004 West Legal Studies in Business A Division of Thomson Learning 6
BUSINESS LAW Twomey • Jennings 1 st. Ed. Intentional Torts • Trespass. – Unauthorized action with respect to a person or property. • Computer Torts. – Trespass to Personal Property and Computers. – Computers and Privacy. – Defamation by Computer. © 2004 West Legal Studies in Business A Division of Thomson Learning 7
BUSINESS LAW Twomey • Jennings 1 st. Ed. Negligence • Exists when a person acts with less care than is reasonable, causing foreseeable injury. Elements: • Is There a Duty? Mc. Clung v Delta Square LP (1996) Showdown on the Wal-Mart parking lot. © 2004 West Legal Studies in Business A Division of Thomson Learning 8
BUSINESS LAW Twomey • Jennings 1 st. Ed. Negligence • Is There a Breach of Duty. • Is There Causation? Palsgraf v Long Island RR Co. (1928) What is the limit of Proximate Cause? • Was the Plaintiff Damaged? © 2004 West Legal Studies in Business A Division of Thomson Learning 9
BUSINESS LAW Twomey • Jennings 1 st. Ed. Defenses to Negligence • Contributory Negligence. – Plaintiff’s partial negligence for his own injury that bars recovery. • Comparative Negligence. – Determines the fault of both parties. – If fault of Plaintff is >50%, he recovers nothing. © 2004 West Legal Studies in Business A Division of Thomson Learning 10
BUSINESS LAW Twomey • Jennings 1 st. Ed. Defenses to Negligence • Assumption of Risk. – Burden is on Defendant to prove Plaintiff knew about risk and chose to proceed. Mosca v Lichtenwalter. (1997) Did the fisherman assume the risk? © 2004 West Legal Studies in Business A Division of Thomson Learning 11
BUSINESS LAW Twomey • Jennings 1 st. Ed. Liability for Negligence • Immunity. • Negligently Caused Mental Distress. • Bystander Recovery. – Limited to spectators who are closely related to plaintiff. © 2004 West Legal Studies in Business A Division of Thomson Learning 12
BUSINESS LAW Twomey • Jennings 1 st. Ed. Strict Liability • Absolute standard of liability. • There are few defenses. • Example: ultra hazardous activities such as dynamite excavations. © 2004 West Legal Studies in Business A Division of Thomson Learning 13
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