Legal Liability Legal liability based on torts Negligence Intentional torts Strict liability torts Vicarious liability Legal liability based on contracts.

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Presentation transcript:

Legal Liability Legal liability based on torts Negligence Intentional torts Strict liability torts Vicarious liability Legal liability based on contracts Legal liability based on statutes Principal liability loss exposures

Elements of Negligence 1 - A legal duty owed Common law Statutes 2 - Breach of that duty 3 - Damages Compensatory Special damages (measurable) General damages(intangible) Punitive damages 4 - Casual connection

Defenses to Negligence Actions Contributory negligence Complete defense Comparative negligence Reduces recovery Assumption of risk Statutes of limitations Immunities Governmental agencies, public officials

Intentional Torts Intentional torts against the person Assault and battery False imprisonment and false arrest Defamation Libel and slander Invasion of right of privacy Intrusion on solitude or seclusion Physical invasion Public disclosure of private facts Unauthorized release of confidential information

Intentional Torts - continued Fraud Bad Faith Interference with Relationships Between Others Injurious falsehood Unfair competition Interference with employment Interference with copyright, patent or trademark

Intentional Torts - continued Misuse of legal process Malicious prosecution Malicious abuse of process Intentional torts against property Trespass Real property Personal property Conversion Nuisance

Strict and Vicarious Liability Strict liability torts Abnormally dangerous instrumentalities Ultrahazardous activities Dangerously defective products Vicarious liability Employee Independent contractor Nondelegable duties Inherently dangerous activities

Legal Liability Based on Contracts Breach of Contract Hold Harmless and Indemnity Agreements Indemnitor promises to pay indemnitee for loss sustained by indemnitee

Legal Liability Based on Statutes Workers’ Compensation Laws Other Statutes Uniform Aeronautics Law Auto Liability

Principal Liability Loss Exposures Premises and Operations Liability On premises Off premises involving ongoing operations Products Liability and Completed Operations Automobile Liability Ownership, maintenance or use Operations by others Employer-employee Volunteers Loaned employees Furnishing defective vehicles Negligent entrustment No-Fault statutes

Workers’ Compensation and Employers Liability Employees’ tort suits against employers Employees covered by workers’ comp Exempt employees Hold harmless or indemnity agreements

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