Chapter 5 Intentional Torts and Negligence 2007 Prentice

Chapter 5 Intentional Torts and Negligence © 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Copyright © 2004 by Prentice-Hall. All rights reserved.

Introduction • Tort is the French word for a “wrong. ” • Tort law protects a variety of injuries and provides remedies for them. © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 -2

Introduction (continued) • Under tort law, an injured party can bring a civil lawsuit to seek compensation for a wrong done to the party or the party’s property. © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 -3

Introduction (continued) • Tort damages are monetary damages that are sought from the offending party. • They are intended to compensate the injured party for the injury suffered. © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 -4

Tort law imposes a duty on persons and business agents not to intentionally or negligently injure others in society. © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 -5

Types of Torts Intentional Torts Unintentional Torts (Negligence) Strict Liability Torts © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 -6

Intentional Torts Against Persons • The law protects a person from unauthorized touching, restraint, or other contact. • The law also protects a person’s reputation and privacy. • Violations of these rights are actionable as torts. © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 -7

Intentional Torts Against Persons (continued) • Misappropriation of the Right to Publicity – An attempt by another person to appropriate a living person’s name or identity for commercial purposes. – Also known as the tort of appropriation. © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 -8

Intentional Torts Against Persons (continued) • Defamation of Character – False statement(s) made by one person about another. The plaintiff must prove that: • The defendant made an an untrue statement of fact about the plaintiff; and • The statement was intentionally or accidentally published to a third party. © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 -9

Intentional Torts Against Persons (continued) • Defamation of Character (continued) – Slander – oral defamation of character. – Libel – a false statement that appears in a letter, newspaper, magazine, book, photo, video, etc. © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 - 10

Intentional Torts Against Persons (continued) • Disparagement – Untrue statement made about products, services, property, or reputation of a business – Also called product disparagement, trade libel, or slander of title © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 - 11

Intentional Torts Against Property • There are two general categories of property: – Real Property • land anything permanently attached to that land. – Personal Property • things that are movable. – – Automobiles Books Clothes Pets © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 - 12

Intentional Torts Against Property (continued) • Trespass to Land – A tort that interferes with an owner’s right to exclusive possession of land. – Unauthorized use of another person’s property © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 - 13

Intentional Torts Against Property (continued) • Trespass to and Conversion of Personal Property – Tort of trespass occurs: • Whenever one person injures another person’s personal property • When one interferes with a person’s enjoyment of his or her personal property. © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 - 14

Intentional Torts Against Property (continued) • Trespass to and Conversion of Personal Property – A tort that deprives a true owner of the use and enjoyment of his or her personal property by: • Taking over such property; and • Exercising ownership rights over it. © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 - 15

Unintentional Torts (Negligence) • Unintentional Tort – A doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions. © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 - 16

Unintentional Torts (Negligence) (continued) • Negligence – Negligence is the omission to do something which a reasonable man would do, or something which a prudent and reasonable man would not do. © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 - 17

Unintentional Torts (Negligence) (continued) To be successful in a negligence lawsuit, the plaintiff must prove that: 1. The defendant owed a duty of care to the plaintiff 2. The defendant breached the duty of care 3. The plaintiff suffered injury 4. The defendant’s negligent act caused the plaintiff’s injury © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 - 18

Special Negligence Doctrines (continued) • Professional Malpractice – The liability of a professional who breaches his or her duty of ordinary care. – Reasonable professional standard • Medical malpractice • Legal malpractice • Accounting malpractice © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 - 19

Special Negligence Doctrines (continued) • Negligent Infliction of Emotional Distress – A tort that permits a person to recover for emotional distress caused by the defendant’s negligent conduct. © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 - 20

Strict Liability • Strict liability is liability without fault. • A participant in a covered activity will be held liable for any injuries caused by the activity even if he or she was not negligent. © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 - 21

Strict Liability (continued) This doctrine holds that: 1. There are certain activities that can place the public at risk of injury even if reasonable care is taken; and 2. The public should have some means of compensation if such injury occurs. © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 - 22

Defenses against Negligence • Assumption of Risk: Here the injured party engages in a risky behavior after being told that the behavior is risky. © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 4 - 23