Chapter 6 Business Law

Tort

(Wrong) Violation of a duty imposed by the civil law

4 elements to a defamation case:

1. Defamatory statement 2. Falseness 3. Communicated 4. Injury

To win negligence, a plaintiff must prove five elements:

1. Duty of Due Care (Defendant had a legal responsibility to the plaintiff) 2. Breach (The defendant breached her duty of care or failed to meet her legal obligations) 3. Factual Cause (The defendant's conduct actually caused the injury) 4. Proximate Cause (It was foreseeable that conduct like the defendant's might cause this type of harm) 5. Damages (The plaintiff has actually been hurt or has actually suffered a measurable loss

4 elements of negligence

1. duty of care 2. Breach 3. Causation 4. Damages

Strict liability

A branch of tort law that imposes a much higher level of liability when harm results from ultra-hazardous acts or defective products

Licensee

A person on another's land for her own purposes but w/o the owner's permission

Invitee

A person who has a right to enter another's property because it's a public place or a business open to the public

Intrusion

A tort in which a reasonable person would find the invasion of her private life offensive

Absolute privilege

A witness testifying in a court or legislature may never be sued for defamation

Assault

An act that makes a person reasonably fear an imminent battery

Tortious interference with a contract

An intentional tort in which the defendant improperly indued a third party to breach a contract with the plaintiff

Intnetional infliction of emotional distress

An intentional tort in which the harm results from extreme and outrageous conduct that causes serious emotional harm

Battery

An intentional touching of another person in a way that's harmful or offensive

Punitive damages

Damages that are intended to punish the defendant for conduct that is extreme and outrageous

Intentional torts

Harm caused by a deliberate action

Actual malice

If the defendant knew the statement was false or acted with reckless disregard of the truth

Fraud

Injuring another person by deliberate deception

What are two basic categories of torts?

Intentional and business torts (unintentional)

Written

LIbel

Special duty

Landowners, professionals, hiring and retention

What is meant by strict liability? In what circumstances is strict liability applied?

Liability regardless of fault. In tort law, strict liability is imposed on those engaged in abnormally dangerous activities, on persons who keep dangerous animals, and on manufacturers or sellers that introduce into commerce goods that are unreasonably dangerous when in a defective condition.

Tortious interference with a prospective advantage

Malicious interference with a developing economic relationship ( a contract)

Compensatory damages

Money intended to restore a plaintiff to the position he was in before the injury

Single recovery principle

Requires a court to settle the matter once and for all by awarding a lump sum for the past and future expenses

Spoken

Slander

Slander per se

Slander involving false statements about sexual behavior, crimes, contagious diseases, and professional abilities

What are the elements of a cause of action in strict product liability?

Strict liability is a legal doctrine that makes a person or company responsible for their actions or products which cause damages regardless of any negligence or fault on their part.

Tort

The civil law imposes duties of conduct on all people (Suit by plaintiff)

Criminal Law

The criminal law prohibits certain conduct (Prosecution by gov)

Res ispa loquitiur

The facts imply that the defendant's negligence caused the accident (The thing speaks for itself)

False imprisonment

The intentional restraint of another person without reasonable cause and w/o consent

Defamation

The law of defamation concerns false statements that harm someone's reputation. (Written or spoken)

Contract

The parties agree on a contract, which creates duties for both (Suit by plaintiff)

What is the purpose of tort law? What type of damages are available in tort lawsuits?

The purpose of tort law is to provide remedies for the invasion of various protected interests. Society recognizes an interest in personal physical safety. Thus, tort law provides remedies for acts that cause physical injury or interfere with physical security and freedom.Compensatory damages are intended to compensate or reimburse plaintiffs for actual losses—to make the plaintiffs whole and put them in the same position that they would have been in had the tort not occurred. Compensatory damages awards are often broken down into special damages and general damages. Punitive damages may also be awarded in tort cases to punish the wrongdoer and deter othersfrom similar wrongdoing. Punitive damages are appropriate only when the defendant's conduct was particularly egregious (bad) or reprehensible (unacceptable).

What is defamation? Name two types of defamation.

There are two types of defamation: • Libel - something which is in a permanent form e.g. in writing, images, film or recording and anything said on stage or in a broadcast. Libel is actionable per se , which means actionable w/o any proof of damage. • Slander - spoken words usually said in a conversation. Slander will require proof of special damage, except in four situations.