1. Business Law
Chapter 3
Tort Law

2. Intentional Torts Against Persons
Assault & Battery
Deliberate Frightening
Unwanted Touching
False Imprisonment
Unlawful & unreasonable restraint
Defamation
Slander=Spoken Celebrities must prove
Libel=Written MALICE
MUST DAMAGE REPUTATION, BE FALSE & BE COMMUNICATED TO AT LEAST ONE PERSON
Invasion of Privacy
Right to be left alone
Intentional Infliction of Emotional Distress
Brought on by extreme & outrageous conduct

3. Intentional Torts Against Property
Trespassing
Interference/injury to one’s right to real or personal property
REAL PROPERTY
Conversion
Stealing…”convert property of another to oneself”
Nuisance
Interference of right to enjoyment of property
Loud music, barking dogs, fireworks, foul odors
Private nuisance: affects only 1 person/household
Public nuisance: affects entire neighborhood
Disparagement
Lie about objects
Quality, ownership
Must prove you lost money because of lie

4. Negligence Occurs most often
Accidental/unintentional tort—Careless Behavior
Failure to exercise the duty of care that a reasonable person would have in the same circumstances
TO SUCCEED, MUST PROVE (Requirements)
Defendant owed plaintiff a duty of care (EX. 4)
There was a breach of duty (failed using reasonable person test: be as careful as a reasonable person would in same situation)
The breach (carelessness) was the proximate cause of the injury (EX. 5)
Link between negligent conduct & injury
Foreseeability Test: was the injury foreseeable at the time of negligent conduct
Plaintiff suffered actual harm/injury (EX. 6)

5. Defenses to Negligence
Eliminate one of the 4 requirements
Contributory Negligence
Negligence of plaintiff assisted in causing injuries, no matter how slight, then plaintiff loses
Many state don’t follow this!
Comparative Negligence
Most states use this
Recovery (damages) based on comparison percentage of negligence
50% rule: plaintiff can recover as long as % is not greater than defendant (EX. 7)
Assumption of Risk
Plaintiff knew risks and still took chance of being injured
Parking at softball/baseball/sporting events (hockey)

6. Strict Liability
Ultra-hazardous activities: some activities are so dangerous that no amount of care will limit the risk
Explosives
Wild animals
Chemicals/poisons
Product Liability: if a product feature or defect causes harm (McDonalds coffee)
Defective: sue both manufacturer & seller
Fault does not matter
Limits to product liability
If seller is not USUAL seller of product, can’t be held liable
Auction, eBay
If damage is only to product (no harm to person)=no case

7. Survival Statutes
Right to sue can pass to survivors (family) if plaintiff and/or defendant die
Estate v. person (or estate v estate if both are dead)
For damage to property

8. Wrongful Death Statutes
Relatives can bring suit for negligence or intentional act
Family members v defendant
Goldman Family v OJ Simpson
Nicholas v Seymour Tree

9. Remedies for Torts $$$$$
Damages
Pain & suffering
Medical expenses
Repair/replace property
Lost wages
Punitive damages for serious acts
Injunction (order NOT to do something—used when $ won’t adequately repay injured party)
If violated  CRIME
EX 8

10. THE END