3308Chap8outline08 - 8 Torts(a personal injury from one to another In The Business Environment Definitions 0 Tort Civil Wrong Other Than Breach Of

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Unformatted text preview: 8 Torts (a personal injury from one to another) In The Business Environment Definitions 0. Tort- Civil Wrong Other Than Breach Of Contract 1. Tortious Behavior- Results In Tort 2. Tortfeasor- One Who Commits Tort 3. Types Of Torts 0. Intentional deliberate actions that cause injury 1. Negligence injury from failure to use reasonable care = most common type of tort action = most common type of tort action 2. Strict Liability Types Of Tort Cases Tort Case Depositions Intentional Torts 0. Assault (placing of another in immediate 1. Infliction Of Mental Distress apprehension for physical safety) & Battery unauthorized touching 2. Invasion Of Privacy (appropriating another's name and identity, false imprisonment and malicious prosecution) 3. False Imprisonment & Malicious Prosecution (intentional unjustified confinement of a nonconsenting person) 4. Trespass 5. Conversion 6. Defamation- Public Or Private Person 7. Fraud & Corporate Governance 8. Common Law Business Torts Common Law Business Torts 0. Injurious Falsehood- Trade Disparagement 1. Intentional Interference With Contractual Relations Cyber Torts 4. Defamation publication of untrue statements about another that hold up that individual's character or reputation to contempt is: Libel if written or on TV or radio; Slander if oral; defamation in either case. Basic defenses are: Privileged communications and/or Truth. Available to "Natural" and "artificial" persons. Sometimes called Injurious falsehood or Trade Disparagement. 5. Intentional Infliction Of Mental Distress 6. Hackers & Misappropriation Of Trade Secrets 7. Fraud most common intentional Cybertort Negligence-Based Torts Elements 0. Duty 1. Unreasonable Behavior 0. Person 1. Professional- Malpractice 2. Unreasonable Behavior- Breach Of Duty, Willful/Wanton Negligence 3. Causation In Fact- Joint & Severally 4. Proximate Causation (Foreseeable) Negligence Defenses 2. Affirmative Defenses 0. Contributory NegligenceComparative Responsibility 1. Assumption of Risk Strict Liability In Torts 8. Strict Product Liability not applicable to consumer sales (Unreasonably Dangerous Defective Products) 3. Production Defect 4. Design Defect 5. Warning Defect 9. Respondeat Superior- Scope Of tort" Employment = "Let the master answer for the servant's Ultrahazardous Activity 10. Other Strict Liability Torts 5. Dram Shop Acts- Intoxication (Bar tender obligated to stop serving alcohol if you are drunk) 6. Common Carriers Not Liable For: damaged due to seasonal rain 2. Acts Of God goods being transported in open truck 3. Action Of Alien Enemy 4. Order Of Public Authority 5. Inherent Nature Of Goods 6. Misconduct Of Shipper Compensatory Damages 3. Compensation For Injuries Suffered 4. Types: 5. Calculation- Difficult 11. 2. Past/Future Medical Expenses 3. Past Future Economic Loss 4. Past/Future Pain Suffering Punitive Damages Used To Punish Defendant 12. Negligent Behavior "Gross" or "Willful & Wanton" 13. Exemplary Damages Tort Reform 0. Actions Against Retailers Or Wholesalers Unless Manufacturer Insolvent 1. No Recovery For Defective Design 2. No Claims Against Sellers If Product Modified By User 3. State-Of-The-Art 4. Statute Of Repose = best defense for old injury claims -- Changed the class action suits and must be filed at the federal level 5. Reduce/Eliminate Punitive Damage Awards Alternatives To Tort System 14. 6. Contingency Fee- Suit Without UpFront Attorney's Fees 7. 40-60% Of Damages Go To Plaintiff 8. Arbitration 9. No-Fault Insurance 10. Workers' Compensation Disadvantages Of Tort System 15. Alternatives Workers' Compensation Acts 0. Protect Employees/Families From Job-Related Risks 1. Employer Acted Unreasonably 2. Defenses 0. Assumption Of Risk 1. Contributory Negligence used to eliminate liability, 3. Tests For Compensation 3. Injury Accidental 4. Result Of Employment 2. The Fellow-Servant Rule now more commonly allocates according to % of fault. 4. Exclusive Remedy Rule Makes an employees sole remedy against employers for workplace injuries WC Business Decision: Defrauded? 0. Has Mayfair Done Anything Legally Wrong? 1. Is You Legal Remedy Against Mayfair Limited To Breach Of Contract? 2. Will You Be Able To Get Damages From Mayfair Other Than A Refund Of Your Prepayment? Explain? 8 End of Chapter 8 ...
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This note was uploaded on 04/15/2008 for the course MANA 3308 taught by Professor Byronstuckey during the Spring '08 term at Dallas Baptist.

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