Slide 1

10.1

Chapter 10Chapter 10

Torts: Negligence,Strict Liability, andIntentional TortsTorts: Negligence,Strict Liability, andIntentional Torts

10.2

What Is a Tort?What Is a Tort?

Tort means “to twist,”translating to “twisted actions”Tort means “to twist,”translating to “twisted actions”

Torts are civil wrongs such asslander, libel, negligence, andfraudTorts are civil wrongs such asslander, libel, negligence, andfraud

Torts result in individuals doingwrong to other individualsTorts result in individuals doingwrong to other individuals

10.3

Placing Torts inGeneral Business LawPlacing Torts inGeneral Business Law

Mainly state lawMainly state law

Torts and crimes occasionally overlapTorts and crimes occasionally overlap

Person owes tort duties to other personsbut owes a duty to society not tocommit crimesPerson owes tort duties to other personsbut owes a duty to society not tocommit crimes

Crimes and torts differ in how they areenforced and in their objectivesCrimes and torts differ in how they areenforced and in their objectives

Tort law is a legal laboratoryTort law is a legal laboratory

10.4

Tort ClassificationsTort Classifications

Type of victimType of victim

PropertyProperty

PersonPerson

Type of wrongType of wrong

Careless (negligence)Careless (negligence)

Ultrahazardous activities (strict liability)Ultrahazardous activities (strict liability)

Intentional in natureIntentional in nature

10.5

NegligenceNegligence

Involves carelessness thatinjures othersInvolves carelessness thatinjures others

Classified into four parts:Classified into four parts:

DutyDuty

Breaking of the standard of careBreaking of the standard of care

Proximate causeProximate cause

DamagesDamages

10.6

Negligence: How DutyArisesNegligence: How DutyArises

Operation of the lawOperation of the law

ContractContract

MalpracticeMalpractice

Privity rulePrivity rule

10.7

Negligence: Standard ofCareNegligence: Standard ofCare

What an ordinary, reasonable,prudent person would do in thesame situationWhat an ordinary, reasonable,prudent person would do in thesame situation

Should be objective, but takesinto account many factorsShould be objective, but takesinto account many factors

Negligence per se doctrineNegligence per se doctrine

Res ipsa loquitor (“the thingspeaks for itself”)Res ipsa loquitor (“the thingspeaks for itself”)

10.8

Negligence: ProximateCauseNegligence: ProximateCause

Defendant’s carelessness causeda plaintiff’s damageDefendant’s carelessness causeda plaintiff’s damage

Defendant’s carelessness mustbe close in time and space tohave caused plaintiff’s damagesDefendant’s carelessness mustbe close in time and space tohave caused plaintiff’s damages

Foreseeable is a key word indetermining proximate causeForeseeable is a key word indetermining proximate cause

10.9

Negligence: DamagesNegligence: Damages

If defendant breaks an owedduty to plaintiff, that alonedoesn’t let plaintiff recoverIf defendant breaks an owedduty to plaintiff, that alonedoesn’t let plaintiff recover

Defendant must have causeddamage to plaintiff’s person orpropertyDefendant must have causeddamage to plaintiff’s person orproperty

10.10

Defenses to NegligenceDefenses to Negligence

Contributory negligenceContributory negligence

Assumption of riskAssumption of risk

Comparative faultComparative fault

Damage apportionmentDamage apportionment

10.11

Strict LiabilityStrict Liability

Defendant is liable for harm eventhough no fault is shownDefendant is liable for harm eventhough no fault is shown

Ultrahazardous activities areallowed because their socialvalue outweighs their hazardsUltrahazardous activities areallowed because their socialvalue outweighs their hazards

Assumption of risk is a defense,but contributory negligence isnotAssumption of risk is a defense,but contributory negligence isnot

10.12

Intentional TortsIntentional Torts

Intentional torts compared withcrimesIntentional torts compared withcrimes

Intentional torts compared withnegligenceIntentional torts compared withnegligence

Intentional torts compared withcontractsIntentional torts compared withcontracts

10.13

Remedies forIntentional TortsRemedies forIntentional Torts

Legal remediesLegal remedies

Nominal damagesNominal damages

Compensatory damagesCompensatory damages

Punitive damagesPunitive damages

Equitable damagesEquitable damages

InjunctionsInjunctions

Specific performanceSpecific performance

AccountingsAccountings

10.14

FraudFraud

Misrepresentation of materialfactMisrepresentation of materialfact

Most frequently committedbusiness tortsMost frequently committedbusiness torts

10.15

Invasion of PrivacyInvasion of Privacy

Intrusion upon plaintiff’sseclusion or into plaintiff’sprivate affairsIntrusion upon plaintiff’sseclusion or into plaintiff’sprivate affairs

Public disclosure of private factsPublic disclosure of private facts

Unauthorized appropriation of aperson’s name or likenessUnauthorized appropriation of aperson’s name or likeness

Holding up a person in a falselightHolding up a person in a falselight

10.16

ConversionConversion

Unauthorized and unjustifiedinterference with control ofanother person’s personalpropertyUnauthorized and unjustifiedinterference with control ofanother person’s personalproperty

Any tangible personal propertycan be convertedAny tangible personal propertycan be converted

Land and buildings cannot beconvertedLand and buildings cannot beconverted

10.17

Wrongful Interference withContractual RelationsWrongful Interference withContractual Relations

ElementsElements

Valid contract exists between twopartiesValid contract exists between twoparties

A third party must know thatcontract exists between first twopartiesA third party must know thatcontract exists between first twoparties

Third party must intentionallyinduce first two parties to breakcontractThird party must intentionallyinduce first two parties to breakcontract

10.18

DefamationDefamation

ElementsElements

Statement must be made bysomeone about another personStatement must be made bysomeone about another person

Favorable statements are notdefamatoryFavorable statements are notdefamatory

Statement must be published (notnecessarily in written form)Statement must be published (notnecessarily in written form)

Privilege and absolute privilegePrivilege and absolute privilege

10.19

Recap – Terms to KnowRecap – Terms to Know

TortsTorts

CrimesCrimes

NegligenceNegligence

DutyDuty

Negligence per seNegligence per se

Res ipsa loquiturRes ipsa loquitur

Proximate causeProximate cause

ContributorynegligenceContributorynegligence

Strict liabilityStrict liability

Intentional tortsIntentional torts

Legal remediesLegal remedies

Equitable remediesEquitable remedies

FraudFraud

False imprisonmentFalse imprisonment

Invasion of privacyInvasion of privacy

ConversionConversion

WrongfulinterferenceWrongfulinterference

Intentional inflictionof mental distressIntentional inflictionof mental distress

DefamationDefamation