© 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. Twomey & Jennings BUSINESS LAW Chapter 9 Torts Chapter 9 Torts

© 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 2 General Principles Tort is a non-criminal or civil injury to a person or her property interests. Types of Torts: –Intentional: substantial certainty. –Negligence: breach of standard of care. –Strict Liability: liability without fault. Tort is a non-criminal or civil injury to a person or her property interests. Types of Torts: –Intentional: substantial certainty. –Negligence: breach of standard of care. –Strict Liability: liability without fault.

© 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 3 Intentional Torts False Imprisonment. –Intentional detention without consent. –Shopkeeper’s Privilege permits detention for reasonable time with reasonable suspicion. Intentional Infliction of Emotional Distress. –Goes beyond all bounds of deceny. –Outrageous conduct. False Imprisonment. –Intentional detention without consent. –Shopkeeper’s Privilege permits detention for reasonable time with reasonable suspicion. Intentional Infliction of Emotional Distress. –Goes beyond all bounds of deceny. –Outrageous conduct.

© 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 4 Intentional Torts Invasion of Privacy. –Intrusion into Private Affairs. –Public Disclosure of Private Facts. –Appropriation. Invasion of Privacy. –Intrusion into Private Affairs. –Public Disclosure of Private Facts. –Appropriation. Midler v Ford Motor Co. (1988) Did Ford commit the tort of invasion of privacy against Midler?

© 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 5 Intentional Torts Defamation. –Untrue statement published to a third party that damages a person’s property interest. –Slander is oral defamation. –Libel is written (broadcast, internet). Defamation. –Untrue statement published to a third party that damages a person’s property interest. –Slander is oral defamation. –Libel is written (broadcast, internet). Randi v Muroc JUSD. (1997) Is failure to disclose in a recommendation letter actionable as an intentional tort?

© 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 6 Product Disparagement. –False statement about a product. –Slander of Title/Trade Libel. Wrongful Interference with Contracts. –Third party (A) substantially interferes with a contract between B and C, causing either B or C to break the contract. Product Disparagement. –False statement about a product. –Slander of Title/Trade Libel. Wrongful Interference with Contracts. –Third party (A) substantially interferes with a contract between B and C, causing either B or C to break the contract. Intentional Torts

© 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 7 Trespass. –Unauthorized action with respect to a person or property. Computer Torts. –Trespass to Personal Property and Computers. –Computers and Privacy. –Defamation by Computer. Trespass. –Unauthorized action with respect to a person or property. Computer Torts. –Trespass to Personal Property and Computers. –Computers and Privacy. –Defamation by Computer. Intentional Torts

© 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 8 NegligenceNegligence Exists when a person acts with less care than is reasonable, causing foreseeable injury. Elements: Is There a Duty? Exists when a person acts with less care than is reasonable, causing foreseeable injury. Elements: Is There a Duty? McClung v Delta Square LP (1996) Showdown on the Wal-Mart parking lot.

© 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 9 NegligenceNegligence Is There a Breach of Duty. Is There Causation? Is There a Breach of Duty. Is There Causation? Palsgraf v Long Island RR Co. (1928) What is the limit of Proximate Cause? Was the Plaintiff Damaged?

© 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 10 Defenses to Negligence Contributory Negligence. –Plaintiff’s partial negligence for his own injury that bars recovery. Comparative Negligence. –Determines the fault of both parties. –If fault of Plaintff is >50%, he recovers nothing. Contributory Negligence. –Plaintiff’s partial negligence for his own injury that bars recovery. Comparative Negligence. –Determines the fault of both parties. –If fault of Plaintff is >50%, he recovers nothing.

© 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 11 Defenses to Negligence Assumption of Risk. –Burden is on Defendant to prove Plaintiff knew about risk and chose to proceed. Assumption of Risk. –Burden is on Defendant to prove Plaintiff knew about risk and chose to proceed. Mosca v Lichtenwalter. (1997) Did the fisherman assume the risk?

© 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 12 Liability for Negligence Immunity. Negligently Caused Mental Distress. Bystander Recovery. –Limited to spectators who are closely related to plaintiff. Immunity. Negligently Caused Mental Distress. Bystander Recovery. –Limited to spectators who are closely related to plaintiff.

© 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 13 Strict Liability Absolute standard of liability. There are few defenses. Example: ultra hazardous activities such as dynamite excavations. Absolute standard of liability. There are few defenses. Example: ultra hazardous activities such as dynamite excavations.