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Chapter 5 - Torts - Chapter 5 Torts I Introduction to the...

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Chapter 5 – Torts I. Introduction to the Law of Torts A. Tort – A Civil Wrong other than breach of contract for which the law provides a remedy 1. Intentional Torts – Intentional action but no intentional harm 2. Negligence – carless conduct 3. Strict Liability – neither intentional or careless (your dog bites a kid) B. Private Law – the victim of a tort is an individual not society as in criminal law C. Purpose of the Law of Torts 1. Compensation and Appeasement 2. Justice 3. Deterrence 4. Social Insurance D. Damages 1. Compensatory a. Past and Future medical expenses b. Past and Future Economic Losses c. Past and Future Pain and suffering 2. Punitive Damages - punishment a. Awarded for “gross negligence” b. 8 th amendment does not apply c. Tort Reform (3 or 4 times actual damages) E. Reasonable Person Standard 1. Objective standard 2. What would a reasonable person do II. Intentional Torts in a Business Setting
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A. Intent – mean to do the act but not necessarily the harm B. Types of Torts in a Business Setting 1. Personal 2. Property C. Personal Intentional Torts 1. Assault – act that places fear in a person 2. Battery – physical contact without consent 3. Assault and Battery – can occur together or separately 4. Defenses for Assault and Battery 1. Consent
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