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Chapter5withnotes

Chapter5withnotes - Business Law 275 Chapter 5 Torts Cyber...

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Business Law 275 Chapter 5 Torts, Cyber Torts, and Product Liability
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Torts I. The Basis of Tort Law II. Intentional Torts against Persons III. Intentional Torts against Property IV. Unintentional Torts (Negligence) V. Cyber Torts VI. Strict Liability VII. Product Liability VIII. Strict Product Liability IX. Defenses to Product Liability
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I. The Basis of Tort Law A. Most crimes involve torts B. The commission of a tort is not always a crime C. Torts are civil actions in which one person brings suit of a personal nature against another D. Function of tort law – to provide the injured party with a remedy
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II. Intentional Torts Against Persons Intent – the actor intended the consequences of his or her act OR knew with substantial certainty that certain consequences would result from the act. One normally intends the normal consequences of his or her actions.
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II. Intentional Torts Against Persons A. Assault and Battery 1. Assault a. Intentional, unexcused act that creates in another a reasonable apprehension or fear of immediate harmful or offensive contact b. Victim need not be afraid – just apprehension c. Freedom from having to expect harmful or offensive contact d. Completion of the act, if it results in harm - battery
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II. Intentional Torts Against Persons A. Assault and Battery 1. Battery a. Unexcused, harmful, or offensive physical contact b. Right to personal security and safety c. Contact can be with any part of body or anything attached to it – including automobile in which one is sitting d. Contact can be by a force defendant sets in motion e. Damages – physical harm, emotional or reputation
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II. Intentional Torts Against Persons A. Assault and Battery 1. Defenses to Assault and Battery a. Consent i. Only so long as defendant remains within boundaries of consent given a. Self-defense i. Whatever force is reasonably necessary to prevent harmful contact ii. Real and apparent danger – ends when danger passes b. Defense of others c. Defense of property i. Not force that causes death or great bodily harm
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II. Intentional Torts Against Persons A. False Imprisonment 1. Intentional confinement or restraint of another without justification 2. Freedom to move without restraint 3. Confinement – by physical barriers, restraint or threats of physical force 4. Not moral pressure or threats of future consequences 5. Shoplifting – probable cause (more evidence for belief that the person is guilty than against it)
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II. Intentional Torts Against Persons A. Infliction of Emotional Distress 1. Intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another 2. Stress is on nature of the act 3. Business context – e.g. extreme methods to collect a delinquent debt 4. Some states require physical illness
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II. Intentional Torts Against Persons A.
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