Law for Business Mr. Bernstein Torts: Offenses against Individuals, pp October 9, 2014

Law for Business Mr. Bernstein Elements of a Tort Duty must exist Duty not to injure another (bodily injury, reputational injury or invasion of privacy) Duty not to interfere with property rights of others Duty not to interfere with economic rights of others Existence of duty almost always a question of law, determined by judge 2

Law for Business Mr. Bernstein Elements of a Tort Breach of duty must be proven Breach of duty almost always a question of fact, determined by a jury Breach can be an intentional tort, negligence (inadequate care), or as a strict liability (breach where intent nor carelessness is required) Injuries must have occurred Proximate Causation – must prove injury is result of breach 3