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Business Law Chapter 3 Tort Law
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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
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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
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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)
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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)
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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
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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
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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
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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
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THE END
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