1. Torts In The Business Environment9
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