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

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

4 - 3 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 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.

4 - 4 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 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.

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

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

4 - 7 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 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.

4 - 8 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 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.

4 - 9 © 2006 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman 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 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 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 Intentional Torts Against Property There are two general categories of property: – Real Property land and 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 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 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 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 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 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 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 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 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 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 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 Defenses against Negligence Assumption of Risk : Here the injured party engages in a risky behavior after being told that the behavior is risky.