Prentice Hall © PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 5E, by Henry R. Cheeseman Chapter 6 Torts

Prentice Hall © Three Kinds of Torts A tort is a wrong. There are three kinds of torts. Intentional torts Unintentional torts (negligence) Strict liability

Prentice Hall © Intentional Torts Against Persons Assault Battery False imprisonment

Prentice Hall © Intentional Torts Against Persons Misappropriation of right to publicity (appropriation) Invasion of the right to privacy Defamation of character Slander Libel

Prentice Hall © Intentional Torts Against Persons Intentional misrepresentation (fraud) Intentional infliction of emotional distress Malicious prosecution

Prentice Hall © Intentional Torts Against Property Trespass to land Trespass to and conversion of personal property

Prentice Hall © Unintentional Torts (Negligence) Elements of negligence The defendant owed a duty of care to the plaintiff. The defendant breached this duty of care. The plaintiff suffered injury. The defendant’s negligent act caused the plaintiff’s injury.

Prentice Hall © Duty of Care Standards applied Reasonable person standard Reasonable professional standard Failure to exercise care is a breach of duty

Prentice Hall © Actual Cause The defendant’s negligent act must be the causation in fact or actual cause of the plaintiff’s injuries.

Prentice Hall © Proximate cause A point along the chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions

Prentice Hall © Professional Malpractice Professionals, such as doctors, lawyers, accountants, and others owe a duty of ordinary care, called the reasonable professional standard, in providing their services. A professional who breaches this duty is liable for professional malpractice.

Prentice Hall © Special Negligence Doctrines Negligent infliction of emotional distress Negligence per se Res ipsa loquitor Good Samaritan laws Dram shop acts Guest statutes

Prentice Hall © Special Negligence Doctrines Fireman’s rule “Danger invites rescue” rule Social host liability Liability of common carriers and innkeepers

Prentice Hall © Liability of Landowners Invitees and licensees Duty of ordinary care Trespassers Duty to not willfully or wrongfully injure

Prentice Hall © Defenses Against Negligence Superseding or intervening event Assumption of the risk Contributory negligence Comparative negligence

Prentice Hall © Strict Liability Strict liability is liability without fault. Some activities place the public at risk of injury even if reasonable care is taken. Applies to abnormally dangerous activities such as blasting.