1. Chapter 5 Negligence and Intentional Torts
PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 4E, by Henry R. Cheeseman
Chapter 5
Negligence and
Intentional Torts
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2. Three Kinds of Torts A tort is a wrong There are three kinds of torts
Intentional torts
Unintentional torts (negligence)
Strict liability
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3. Intentional Torts against Persons
Assault
Battery
False imprisonment
Defamation of character
Slander
Libel
Invasion of the right to privacy
Misappropriation of right to publicity (appropriation)
Intentional infliction of emotional distress
Malicious prosecution
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4. Intentional Torts against Property
Trespass to land
Trespass to and conversion of personal property
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5. Unintentional Torts (Negligence)
To be successful in a negligence lawsuit, the plaintiff must prove:
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
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6. Causation Causation in fact Proximate cause
The defendant’s negligent act must be the causation in fact or actual cause of the plaintiff’s injuries
Proximate cause
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
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7. Negligent Infliction of Emotional Distress
Negligent infliction of emotional distress is a tort that permits a person to recover for emotional distress caused by the defendant’s negligent conduct
A plaintiff must prove that
A relative was killed or injured by the defendant
The plaintiff suffered severe emotional distress
The plaintiff’s mental distress resulted from a sensory and contemporaneous observance of the accident
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8. Professional Malpractice
Professionals, such as doctors, lawyers, architects, accountants, and others owe a duty of ordinary care, called the reasonable professional standard, in providing their services
A professional who breaches this duty is liable for professional malpractice
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9. Special Negligence Doctrines
Negligence per se
Res ipsa loquitur
Dram shop acts
Social host liability
Guest statutes
Good Samaritan laws
Fireman’s rule
“Danger invites rescue” doctrine
Liability of common carriers and innkeepers
Liability of landowners
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10. Defenses Against Negligence
Assumption of the risk
Contributory negligence
Comparative negligence
Superseding or intervening event
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11. Business Torts
Entering certain businesses and professions without a license
Unfair competition
Disparagement
False advertising
Intentional misrepresentation (fraud)
Intentional interference with contractual relations
Breach of the implied covenant of good faith and fair dealing
Civil RICO
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12. Strict Liability Strict liability is liability without fault
Strict liability doctrine
There are certain activities that place the public at risk of injury even if reasonable care is taken
The public should have some means of compensation if such injury occurs
Strict liability was first imposed for abnormally dangerous activities such as
crop dusting
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