Test 2 Note Outline - Test 2 Note Outline Torts in the...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Test 2 Note Outline Torts in the Business Environment o A tort is a legal wrong other than a breach of contract o Contract law is the way property is transferred o Tort law limits ones use of property as it injures the property of others, including the property that other have in themselves o Tortfeasor someone who commits a tort o Duty and causation One is not liable for anothers injury unless he or she has a duty toward the person injured No liability for injury unless one has caused the injury o Torts are divided into three categories: Intentional torts Intent the desire to bring about certain results Assault o Intentionally placing one in immediate apprehension for his/her safety Battery o An intentional, offensive, unconsented to touching without a privilege o Touching does not have to cause injury Intentional infliction of mental distress o Intentional outrageous conduct causing mental distress, physical symptoms Invasion of privacy o Includes misappropriation of likeness, intentional invasion of personal space, and malicious publication of personal information False imprisonment o Intentionally confining someone against his/her will and without a privilege Malicious prosecution o Bringing criminal charges against someone for ulterior motives o False arrest Trespass o Going on anothers land without permission, remaining on anothers land after being asked to leave, or putting something on anothers land without permission Conversion o An intentional, unpermitted act of control over anothers property o Stealing something from an employer or purchasing a stolen item Defamation o Published slander or libel that holds up another to contempt or ridicule o Slander oral o Libel written or published on the air o Truth is an absolute affirmative defense o Another defense is that the statement arose from privileged communications (statements made by legislators, judges, attorneys, etc.) Public figures and officials plaintiffs must prove that the defendant published a defamatory falsehood with malicious or reckless disregard for the truth Fraud o An intentional misrepresentation of a material fact that is justifiably relied upon by someone to his or her injury o Business frauds often involve the intentional misrepresentation of property or financial status Negligence Unreasonable behavior that causes injury Most lawsuits allege negligence Criteria o Duty of care A person has duty to not injure others Nonconduct if a random sunbather doesnt tell a surfer about a shark they saw Reasonable person standard of reasonableness Reasonable professional if professional is involved Malpractice the negligence of professionals o Unreasonable conduct (lack of due care) Breach of duty Willful and wanton negligence extreme lack of due care; punitive damages o Causation in fact (material causation)...
View Full Document

Page1 / 17

Test 2 Note Outline - Test 2 Note Outline Torts in the...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online