1. Prentice Hall © 20071 PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 5E, by Henry R. Cheeseman Chapter 6 Torts

2. Prentice Hall © 20072 Three Kinds of Torts A tort is a wrong. There are three kinds of torts. Intentional torts Unintentional torts (negligence) Strict liability

3. Prentice Hall © 20073 Intentional Torts Against Persons Assault Battery False imprisonment

4. Prentice Hall © 20074 Intentional Torts Against Persons Misappropriation of right to publicity (appropriation) Invasion of the right to privacy Defamation of character Slander Libel

5. Prentice Hall © 20075 Intentional Torts Against Persons Intentional misrepresentation (fraud) Intentional infliction of emotional distress Malicious prosecution

6. Prentice Hall © 20076 Intentional Torts Against Property Trespass to land Trespass to and conversion of personal property

7. Prentice Hall © 20077 Unintentional Torts (Negligence) 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.

8. Prentice Hall © 20078 Duty of Care Standards applied Reasonable person standard Reasonable professional standard Failure to exercise care is a breach of duty

9. Prentice Hall © 20079 Actual Cause The defendant’s negligent act must be the causation in fact or actual cause of the plaintiff’s injuries.

10. Prentice Hall © 200710 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

11. Prentice Hall © 200711 Professional Malpractice Professionals, such as doctors, lawyers, 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.

12. Prentice Hall © 200712 Special Negligence Doctrines Negligent infliction of emotional distress Negligence per se Res ipsa loquitor Good Samaritan laws Dram shop acts Guest statutes

13. Prentice Hall © 200713 Special Negligence Doctrines Fireman’s rule “Danger invites rescue” rule Social host liability Liability of common carriers and innkeepers

14. Prentice Hall © 200714 Liability of Landowners Invitees and licensees Duty of ordinary care Trespassers Duty to not willfully or wrongfully injure

15. Prentice Hall © 200715 Defenses Against Negligence Superseding or intervening event Assumption of the risk Contributory negligence Comparative negligence

16. Prentice Hall © 200716 Strict Liability Strict liability is liability without fault. Some activities place the public at risk of injury even if reasonable care is taken. Applies to abnormally dangerous activities such as blasting.