Business law: ch4 Torts and cyber torts

Assault

Any word or action intended to make another person fearful of immediate physical harm -- a reasonably believable threat. ( Does not involve physical contact.)

The Duty of Landowners

Landowners are expected to exercise reasonable care to protect persons coming into their property from harm. In some jurisdictions, landowners are held to owe a duty to protect ever trespassers against certain risks.

punitive damages

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future. This is only appropriate when the defendant's conduct was particularly egregious (bad) or reprehensible (unacceptable).

Tortfeasor

One who commits a tort.

malpractice

Professional misconduct or the lack of the requisite degree of skill as a professional. Negligence-- the failure to exercise due care-- on the part of a professional, such as a physician, is commonly referred to as a malpractice.

Duty of Care

The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence.

Negligence

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances

False Imprisonment

The intentional confinement or restraint of another person's activities without justification. Under the "privilege to detain" granted to merchants in most states, a merchant can use reasonable force to detain or delay a person suspected f shoplifting the merchant's property. Generally laws require that any detention be conducted in reasonable manner and for only a reasonable length of time.

Reasonable Person Standard

The standard of behavior expected of a hypothetical "reasonable person." It is the standard against which negligence is measured and that must be observed to avoid liability for negligence.

Battery

Unexcused, harmful or offensive, physical contact with another that is intentionally performed.

Business Tort

Wrongful interference with another's business rights and relationships. Include concepts such as unfair competition and wrongfully interfering with the business relations of another.

To succeed in a negligence action, the plaintiff must prove

1. Duty. That the defendant owed a duty of care to the plaintiff. 2. Breach. That the defendant breached that duty. 3. Causation. That the defendant's breach cause the plaintiff's injury. 4. Damages. That the plaintiff suffered a legally recognizable injury. Ex. Accidentally bumping into someone. If that person falls and breaks her arms, you committed unintentional tort.

Tort Reform are measures to reduce the number of tort cases include:

1. Limiting the amount of both punitive damages and general damages that can be rewarded. 2. Capping the amount that attorneys can collect in contingency fees (attorneys' fees that are based on a percentage of the damages awarded to the client) 3. Requiring the losing party to pay both the plaintiff's and the defendant's expenses.

compensatory damages

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.

Damages

A monetary award sought as a remedy for a breach of contract or a tortious action.

Business Invitee

A person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes.

Defemse

A reason offered and alleged y a defendant in an action or lawsuit as to why the plaintiff should not recover or establish what he or he seeks.

Cyber Tort

A tort committed in cyberspace.

Torts

A wrongful act (other than a breach of contract) that results in harm or injury to another and leads to civil liability.

Intentional Tort

A wrongful act knowingly commited

causation in fact

An act or omission without which an event would not have occurred. but for test ex: "but for" the wrongful act, the injury would not have occurred.