Download Miller-Jentz, Business Law Today, Comp. 9e

• What is a tort?
• What is the purpose of tort law?
What are the two basic
categories of torts?
• What are the four elements of
negligence? 
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• What is meant by strict liability?
In what circumstances is it
applied?
• What is a cyber tort, and how are
tort theories being applied in
cyberspace?
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• A tort is a civil, legal injury to a
person or property caused by a
breach of a legal duty.
• Plaintiff (the injured party) sues the
Defendant (the Tortfeasor) for
damages:
–Compensatory Damages.
–Punitive Damages.
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• Classification of Torts:
–Intentional.
–Unintentional (negligence-no fault).
–Strict Liability (absolute liability).
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• Intentional Tort:
–Tortfeasor (one committing the tort)
must have intended to commit the act,
meaning he:
• Intended consequences or
• Knew with substantial certainty that
certain consequences would result.
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• Assault and Battery.
–Assault: the reasonable apprehension
or fear of immediate contact.
–Battery: completion (contact) of the
assault.
–Defenses:
• Consent.
• Self-Defense and Others.
• Defense of Property.
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• False Imprisonment.
–Confinement or restraint of another
person’s activities without justification.
–Merchants can detain a suspected
shoplifter as long as there is probable
cause.
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permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
• Intentional Infliction of Emotional
Distress.
–Extreme and outrageous conduct.
–Some courts require physical
symptoms.
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permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
• Defamation.
–Publication of a false statement as fact
(oral or written) that injures a person’s
good reputation.
• CASE 4.1 Orlando v. Cole (2010). Were
the attorney’s statements defamatory?
–Third party must hear or see statement.
–Statements made on the internet may
be actionable.
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• Defamation (cont’d).
–Publication Requirement. An individual
who re-publishes the statement will be
liable.
–Statement must hold someone up to
contempt, ridicule or hatred in the
community.
–Damages for Libel: general damages are
presumed. 
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• Defamation (cont’d).
–Damages for Slander: plaintiff must
show special damages, unless it is
slander per se (no proof of damages is
required):
–Loathsome communicable disease.
–Professional impropriety.
–Imprisonment for a serious crime.
–Unmarried woman is unchaste.
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• Defamation (cont’d).
–Defenses:
• Truth is normally an absolute defense.
• Privilege: absolute (judicial and legislative
proceedings) or qualified (good faith,
limited).
• Public Figures: plaintiff must show
statement made with “actual malice.”
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permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
• Invasion of the Right to Privacy.
–Person has the right to solitude. Breach
of that duty is a tort.
• Appropriation.
–Use of another’s name or likeness
without permission, and for the user’s
benefit.
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• Fraudulent Misrepresentation:
–Knowing misrepresentation of fact.
–Intent to induce innocent party to rely.
–Justifiable reliance by innocent party.
–Causation and Damages.
–Contrast: fact versus “puffery” or
opinion.)
• Negligent Misrepresentation.
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permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
• Abusive or Frivolous Litigation.
–Malicious Prosecution.
–Abuse of Process.
• Wrongful Interference with
Contractual Relationship.
• Valid, enforceable contract exists.
• Third party knows about contract.
• Third party intentionally causes either
party to breach the original contract.
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• Wrongful Interference with Business
Relationship.
– Distinguish competition vs. predatory
behavior. Predatory behavior is unlawfully
driving competitors out of market.
– To prevail, Plaintiff must show Defendant
targeted only Plaintiff’s customers and
product.
• Defenses to Wrongful Interference.
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• Trespass to Land.
• Trespass to Personal Property.
• Conversion.
–CASE 4.2 Trustees of University of
District of Columbia v. Vossoughi
(2009). Valuation of personal property
depends on circumstances.
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permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
• Disparagement of Property.
–Slander of Quality.
–Slander of Title.
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permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
• Negligence is an unintentional tort.
• Occurs when someone suffers injury
because of the defendant’s failure to
comply with a legal duty.
• Defendant (tortfeasor) creates
foreseeable risk of injury.
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• Did the Defendant owe the Plaintiff a
legal duty of care?
• Did the Defendant breach that duty?
• Did the Plaintiff suffer a legal injury?
• Did the Defendant’s breach of duty
cause the Plaintiff’s injury?
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• Duty of Care and Its Breach.
–Reasonable Person Standard.
• How would a reasonable person have acted
under the circumstances?
–Duty of Landowners: keep business
invitees and tenants safe in common
areas. Exception: Obvious risks.
–Duty of Professionals to clients
(attorneys, CPA’s, doctors).
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• Injury Requirement and Damages.
–Plaintiff must suffer a legally
recognizable injury.
–Not all injuries can be compensated.
• Causation.
–Causation in Fact (“but for” test).
–Proximate Cause (foreseeably strong
connection).
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• Defenses to Negligence.
–Assumption of the Risk. CASE 4.3
Pfenning v. Lineman (2010). Was the
plaintiff a participant in the golf game?
–Superseding Cause: event must be
unforeseeable.
–Contributory Negligence (few
jurisdictions): plaintiff recovers nothing
if he is at fault. 
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• Defenses to Negligence (cont’d).
–Comparative Negligence (more
common).
• As long as Plaintiff is less than 50% at fault
he can recover a pro-rata share of the
verdict.
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permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
• Special Negligence Doctrines and
Statutes.
–Res Ipsa Loquitur.
–Negligence Per Se. Violation of law is
legal breach of duty. Plaintiff shows:
• Defendant broke a law/statute.
• Plaintiff is in special class to be protected;
and
• Statute designed to prevent injury to
Plaintiff. 
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• Special Negligence Doctrines and
Statutes (cont’d).
–“Danger Invites Rescue” doctrine.
–Dram Shop Acts.
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• Does not require fault, intent or breach
of duty.
• Usually involves ‘abnormally
dangerous’ activities and risk cannot be
prevented.
• Product Liability—manufacturers and
sellers of harmful or defective
products.
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permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
• Identifying the Author of Online
Defamation.
–Can a person be liable for a tort
committed in cyberspace?
• Liability of Internet Service Providers.
–Communications Decency Act (1996).
“No provider/user of an interactive computer
service shall be treated as the publisher
…provided by another information content
provider.”
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.