1. Chapter 6

2.  A tort is a wrong  There are three categories of torts  Intentional torts  Unintentional torts (negligence)  Strict liability 6-2Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

3.  A category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff’s injuries  Assault: The threat of immediate harm or offensive contact  Or any action that arouses reasonable apprehension of imminent harm  Actual physical contact is unnecessary for an action to be assault 6-3Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

4.  Unauthorized and harmful or offensive direct or indirect physical contact with another person that causes injury  False imprisonment: The intentional confinement or restraint of another person without authority or justification and without that person’s consent 6-4Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

5.  Statutes that allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if  There are reasonable grounds for the suspicion  Suspects are detained for only a reasonable time  Investigations are conducted in a reasonable manner 6-5Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

6.  An attempt by another person to appropriate a living person’s name or identity for commercial purposes  Also called the tort of appropriation  Invasion of the right to privacy: The unwarranted and undesired publicity of a private fact about a person  The fact does not have to be untrue 6-6Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

7.  A false statement made by one person about another  In court, the plaintiff must prove that  The defendant made an untrue statement of fact about the plaintiff  The statement was intentionally or accidentally published to a third party  Libel: A false statement that appears in a letter, newspaper, magazine, book, photograph, movie, video, and so on  Slander: Oral defamation of character 6-7Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

8.  False statements about a competitor’s products, services, property, or business reputation  Also called trade libel, product disparagement, and slander of title  Intentional misrepresentation (fraud)  The intentional defrauding of a person out of money, property, or something else of value 6-8Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

9. The wrongdoer made a false representation of material fact The wrongdoer had knowledge that the representation was false and intended to deceive the innocent party The innocent party justifiably relied on the misrepresentation The innocent party was injured 6-9Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

10.  A doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions  Elements of negligence  The defendant owed a duty of care to the plaintiff  The defendant breached this duty of care  The plaintiff suffered injury  The defendant’s negligent act caused the plaintiff’s injury 6-10Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

11.  The obligation people owe each other not to cause any unreasonable harm or risk of harm  Standards applied  Reasonable person standard  Reasonable professional standard  Breach of the duty of care: A failure to exercise care or to act as a reasonable person would act 6-11Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

12.  A plaintiff’s personal injury or damage to his or her property  Enables him or her to recover monetary damages for the defendant’s negligence  Actual cause (causation in fact): The actual cause of negligence  A person who commits a negligent act is not liable unless actual cause can be proven 6-12Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

13.  A point along the chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions  Also called legal cause 6-13Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

14.  Professional malpractice: The liability of a professional who breaches his or her duty of ordinary care  Negligent infliction of emotional distress: A tort that permits a person to recover for emotional distress caused by the defendant’s negligent conduct 6-14Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

15.  Negligence per se: A tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care  Res ipsa loquitur: A tort in which the presumption of negligence arises because  The defendant was in exclusive control of the situation  The plaintiff would not have suffered injury but for someone’s negligence ▪ The burden is on the defendant to prove that he or she was not negligent 6-15Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

16.  A statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations  Assumption of the risk: A defense a defendant can use against a plaintiff who  Knowingly and voluntarily enters into or participates in a risky activity that results in injury 6-16Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

17.  Contributory negligence: A doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant  Comparative negligence (comparative fault): A doctrine under which damages are apportioned according to fault 6-17Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

18.  A plaintiff can sue a party for being negligent in producing a defective product that caused the victim’s injuries  Usually the manufacturer is liable 6-18Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

19.  A tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault  It is liability without fault  All in the chain of distribution are liable ▪ Privity of contract between plaintiff and defendant is not required  Applies only to products, not services 6-19Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

20.  Punitive damages: Monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff  The most common types of product defects are  Defect in manufacture  Defect in design  Failure to warn  Defect in packaging 6-20Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

21. 6-21 Manufacturer Distributor RetailerConsumer All in the chain of distribution are liable Negligent party is liableNegligence lawsuit Strict liability lawsuit Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

22.  A defect that occurs when a manufacturer fails  Properly assemble a product  Properly test a product  Adequately check the quality of the product  Defect in design: A defect that occurs when a product is improperly designed 6-22Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

23.  A defect that occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown  Defect in packaging: A defect that occurs when a product has been placed in packaging that is insufficiently tamperproof 6-23Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

24. Generally known danger Manufacturers and sellers are not strictly liable for failing to warn of generally known dangers Government contractor defense Defense and other contractorsare not usually liable if such a product causes injury Abnormal misuse of a product A manufacturer or seller is relieved of product liability if the plaintiff has abnormally misused the product 6-24Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

25. Supervening event The manufacturer or seller is not liable if a product is materially altered or modified after it leaves the seller’s possession and the alteration or modification causes an injury Assumption of the risk The defendant must prove that The plaintiff knew and appreciated the risk and The plaintiff voluntarily assumed the risk Statute of repose A statute that limits a seller’s liability to a certain number of years from the date when a product was first sold 6-25Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

26. 6-26Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.