1. Chapter 9 Torts Twomey, Business Law and the Regulatory Environment (14th Ed.)

2. (c) 2000 West Legal Studies Chapter 92 Types of Torts [9-1] INTENTIONAL l False imprisonment l Intentional infliction of emotional distress l Invasion of privacy l Defamation l Product disparagement l Wrongful interference with contracts l Trespass l Computer torts NEGLIGENCESTRICT LIABILITY l Duty l Breach of duty l Causation l Damages l Inherently dangerous activities l Product liability

3. (c) 2000 West Legal Studies Chapter 93 Causal Relationships Forming the Basis of Tort Liability [9-2] Wrongful act of defendant Proximate (immediate, substantially contributing) cause of Reasonably foreseeable cause of Harm to plaintiff Tort liability for defendant Intervening wrongful act of third person If foreseeable, results in liability for third person as well as defendant May break causative chain

4. (c) 2000 West Legal Studies Chapter 94 Type of Tort for Which Suit Is Brought Auto60.1% Premises liability17.3% Other negligence 5.9% Medical malpractice 4.9% Products liability 3.4% Intentional injury 2.9% Non-medical malpractice 1.8% Toxic substance 1.6% Unknown tort 1.2% Slander/libel 0.8% Source: Wall Street Journal, August 21, 1995, © Dow Jones & Company

5. (c) 2000 West Legal Studies Chapter 95 A tort is a civil wrong that affords recovery for damages that result. The three forms of torts are intentional torts, negligence, and strict liability. A tort differs from a crime in the nature of its remedy. Fines and imprisonment result from criminal violations, whereas money damages are paid to those who are damaged by conduct that constitutes a tort. An action may be both a crime and a tort, but the tort remedy is civil in nature. Chapter 9 Summary

6. (c) 2000 West Legal Studies Chapter 96 The intentional torts consist of false imprisonment, defamation, product disparagement, contract interference or tortious interference, trespass, and the computer torts. False imprisonment is the detention of another without his or her permission. Chapter 9 Summary [2]

7. (c) 2000 West Legal Studies Chapter 97 Because false imprisonment is often called the shopkeeper’s tort, as store owners detain suspected shoplifters, many states provide a privilege to store owners if they detain shoplifting suspects based on reasonable cause and in a reasonable manner. Defamation can be slander (oral) or libel (written) and consists of false statements about another that damage his or her reputation or integrity. Chapter 9 Summary [3]

8. (c) 2000 West Legal Studies Chapter 98 Truth is an absolute defense to defamation, and there are some privileges that protect against defamation, such as those for witnesses at trial and for members of Congress during debates on the floor. There is a developing privilege for employers when they give references for former employees. Invasion of privacy is intrusion into private affairs; public disclosure of private facts; or appropriation of someone’s name, image, or likeness for commercial purposes. Chapter 9 Summary [4]

9. (c) 2000 West Legal Studies Chapter 99 Computer torts are simply specialized applications of torts, as in privacy and trespass to property. To establish the tort of negligence, one must show that there has been a breach of duty in the form of a violation of a statute or professional competency standards or of behavior that does not rise to the level of that of a reasonable person. Chapter 9 Summary [5]

10. (c) 2000 West Legal Studies Chapter 910 That breach of duty must have caused the injuries to the plaintiff, and the plaintiff must be able to quantify the damages that resulted. Possible defenses to negligence include contributory negligence, comparative negligence, and assumption of risk. Chapter 9 Summary [6]

11. (c) 2000 West Legal Studies Chapter 911 Liability for torts has been expanding in terms of the amounts awarded and the persons who can be held liable. Currently there are numerous statutes, decisions, and ballot propositions designed to reduce tort liability. Chapter 9 Summary [7]