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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 one’s 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 another’s 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 another’s land without permission, remaining on another’s land after being asked to leave, or putting something on another’s land without permission • Conversion o An intentional, unpermitted act of control over another’s 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 doesn’t 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)...
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- Fall '07
- Business, Corporation, Personal income tax, sole entrepreneurship