Download presentation
Presentation is loading. Please wait.
1
Torts In The Business Environment
9 Torts In The Business Environment
2
Definitions Tort- Civil Wrong Other Than Breach Of Contract
Tortious Behavior- Results In Tort Tortfeasor- One Who Commits Tort Types Of Torts Intentional Negligence Strict Liability
3
Types Of Tort Cases Source: U.S. Department Of Justice, Office Of Justice Programs, Bureau of Justice Statistics
4
Tort Case Depositions Source: U.S. Department Of Justice, Office Of Justice Programs, Bureau of Justice Statistics
5
Intentional Torts Intent- Desire To Bring About Certain Results
Assault & Battery Infliction Of Mental Distress Invasion Of Privacy False Imprisonment & Malicious Prosecution Trespass Conversion Defamation- Public Or Private Person Fraud & Corporate Governance Common Law Business Torts
6
Common Law Business Torts
Injurious Falsehood- Trade Disparagement Intentional Interference With Contractual Relations
7
Cyber Torts Defamation Intentional Infliction Of Mental Distress
Hackers & Misappropriation Of Trade Secrets Fraud
8
Negligence-Based Torts Elements
Duty Unreasonable Behavior Person Professional- Malpractice Unreasonable Behavior- Breach Of Duty, Willful/Wanton Negligence Causation In Fact- Joint & Severally Proximate Causation (Foreseeable)
9
Negligence Defenses Affirmative Defenses
Contributory Negligence- Comparative Responsibility Assumption of Risk
10
Strict Liability In Torts
Strict Product Liability- Unreasonably Dangerous Defective Products Production Defect Design Defect Warning Defect Respondeat Superior- Scope Of Employment Ultrahazardous Activity
11
Other Strict Liability Torts
Dram Shop Acts- Intoxication Common Carriers Not Liable For: Acts Of God Action Of Alien Enemy Order Of Public Authority Inherent Nature Of Goods Misconduct Of Shipper
12
Compensatory Damages Compensation For Injuries Suffered Types:
Past/Future Medical Expenses Past Future Economic Loss Past/Future Pain Suffering Calculation- Difficult
13
Punitive Damages Used To Punish Defendant
Negligent Behavior “Gross” or “Willful & Wanton” Exemplary Damages
14
Tort Reform Actions Against Retailers Or Wholesalers Unless Manufacturer Insolvent No Recovery For Defective Design No Claims Against Sellers If Product Modified By User State-Of-The-Art Statute Of Repose Reduce/Eliminate Punitive Damage Awards
15
Alternatives To Tort System
Disadvantages Of Tort System Contingency Fee- Suit Without Up-Front Attorney’s Fees 40-60% Of Damages Go To Plaintiff Alternatives Arbitration No-Fault Insurance Workers’ Compensation
16
Workers’ Compensation Acts
Protect Employees/Families From Job-Related Risks Employer Acted Unreasonably Defenses Assumption Of Risk Contributory Negligence The Fellow-Servant Rule Tests For Compensation Injury Accidental Result Of Employment Exclusive Remedy Rule
17
Business Decision: Defrauded?
Has Mayfair Done Anything Legally Wrong? Is You Legal Remedy Against Mayfair Limited To Breach Of Contract? Will You Be Able To Get Damages From Mayfair Other Than A Refund Of Your Prepayment? Explain?
18
9 End of Chapter 9
Similar presentations
© 2025 SlidePlayer.com. Inc.
All rights reserved.