Business law chapter 7

trespass to personal property

A person commits trespass to personal property, also called trespass to personalty, by temporarily exerting control over another's personal property or interfering with the true owner's right to use the property.

Assumption of the risk

A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger.

Tortfeasor

Because the primary objective of tort law is to compensate victims, the primary type of damages are compensatory damages, damages designed to compensate the victim for all the harm caused by the person who committed the tort

When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider four questions

How likely was it that the harm would occur? How serious was the potential harm? How socially beneficial was the defendant's conduct that posed the risk of harm? What costs would have been necessary to reduce the risk of harm?

Libel

If the defamation is published in a permanent form, such as printed in a magazine or newspaper

Modified Comparative Negligence

In some states, a defense whereby the defendant is not liable for the percentage of harm that he or she proves can be attributed to the plaintiff's own negligence if the plaintiff's negligence is responsible for less than 50 percent of the harm. If the defendant establishes that the plaintiff's negligence caused more than 50 percent of the harm, the defendant has no liability.

Malpractice cases

Professionals have more training than ordinary people. Thus, when professionals are serving in their professional capacity, courts generally hold that they have a higher duty of care to clients than does the ordinary person. A professional cannot defend against a negligence suit by claiming ignorance of generally accepted principles in her or his field of expertise. Clients who feel that they have suffered damages as a result of a professional's breach of her duty of care can bring a negligence case against her.

Privacy torts

The fact that truth is an absolute defense to a defamation action does not mean people are free to reveal everything they know. Four distinct torts, collectively called invasion of privacy torts, protect the individual's right to keep certain things out of public view even if they are true. The four privacy torts are (1) false light, (2) public disclosure of private facts, (3) appropriation for commercial gain, and (4) intrusion on an individual's affairs or seclusion

disparagement

The first tort, is similar to defamation, but it is a business's or product's reputation that has been tarnished.

Slander of Quality (Trade Libel)

The publication of false information about another's product, alleging that it is not what its seller claims.

intentional interference with contract

The tort that occurs when someone intentionally takes an action that will cause a person to breach a contract that he or she has with another.

Primary objective of tort law

To provide compensation for injured parties. Tort law also contributes to maintaining order in society because it discourages private retaliation by injured persons and their friends. After all, we do not want to live in a community where vigilantes with tempers are roaming about, righting some harm they believe has occurred to them. A third objective of tort law is to give citizens a sense that they live in a just society. Our collective sense of right and wrong suggests that someone who creates harm should make things right by compensating those who were harmed. The recognition that one will have to pay for the personal injuries she or he causes may also serve to deter the commission of torts.

Slander

To recover damages in a case of slander, the plaintiff must prove special damages; that is, the plaintiff must show specific monetary loss that resulted from the defamatory statements. Although libel is contained in a permanent form, slander, by virtue of being spoken, is not. It is the lack of permanence that gives way to the special damages involved with slander. If the people who heard the slander do not act in a way to cause harm to the slandered person, there is no cause for compensation, which is one of the main goals of tort law.

Battery

an intentional, unwanted, offensive bodily contact. Almost any unwanted, intentional contact constitutes a battery. Even contacts that are harmless, if unwanted, are batteries. And even if a touch is intended as a joke, if the reasonable person would be offended, the contact is deemed offensive

Negligence

is behavior that creates an unreasonable risk of harm to others. Unlike intentional torts, which result from a person willfully taking actions that are likely to cause injury, negligent torts involve the failure to exercise reasonable care to protect another's person or property.

Assault

occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact. Therefore, in the above example, if you think the man is just joking and you start laughing, no assault has taken place because there is no fear or apprehension. Not only must you feel fear or apprehension, but that feeling must be reasonable under the circumstances.

Intentional torts

occur when the defendant takes an action intending that certain consequences will result or knowing certain consequences are likely to result.

Private Nuisance

occurs when a person uses her property in an unreasonable manner that harms a neighbor's use or enjoyment of his property. Using one's property in a manner that caused the neighbor to be subjected to flooding, vibrations, excessive noise, or smoke could lead to a nuisance claim.

absolute privilege

one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim. Absolute privilege arises in only a limited number of circumstances. The speech and debate clause of the U.S. Constitution gives an absolute privilege to individuals speaking on the House and Senate floors during congressional debate. This privilege exists because Congress wants to get to the truth of matters before it, and if people testifying before Congress had to fear they might be sued, they might be afraid to testify. Absolute privilege also arises during a judicial proceeding.

Proximate cause

sometimes referred to as legal cause, refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions. In most states, proximate cause is determined by foreseeability

Pure Comparative Negligence

the court determines the percentage of fault of the defendant. The defendant is then liable for that percentage of the plaintiff's damages.

Defamation

the intentional publication (communication to a third party) of a false statement harmful to an individual's reputation.