BusLaw11.006 - TORTS: AN INTRODUCTION Tort: A civil wrong,...

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TORTS: AN INTRODUCTION Tort: A civil wrong, not arising from a breach of contract or other agreement. A breach of a legal duty that proximately causes another person harm or injury. The duty that is violated by the tortfeasor ( i.e. , the “wrongdoer”) must exist as a matter of law , not as a consequence of any agreement between the tortfeasor and the injured party. Civil vs. Criminal Wrong: A tort is a “civil” wrong, punishable by compensating, or paying damages to, the injured party, rather than a “criminal wrong,” punishable by paying a fine to the government or being imprisoned. Some torts may also serve as the basis for separate criminal prosecution by the state. Tort law recognizes two categories of damages: Compensatory Damages , designed to reimburse the plaintiff for the actual value of the plaintiff’s injury or loss, and Punitive Damages , designed to punish the tortfeasor for particularly egregious conduct and to deter similar conduct in the future. Ch. 6: Intentional Torts - No. 1 Clarkson et al.’s Business Law (11th ed.)
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TYPES OF TORTS Intentional Tort: A wrongful act committed knowingly and with the intent to commit the act (not necessarily with the intent to do harm). Unintentional Tort: A wrongful act committed without knowledge of its wrongfulness or without the intent to commit the act. Business Tort: Wrongful interference with another’s business rights. Cyber Tort: A tort committed in cyberspace. Ch. 6: Intentional Torts - No. 2 Clarkson et al.’s Business Law (11th ed.)
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INTENTIONAL TORTS: PHYSICAL ACTS Assault: An intentional, unexcused act creating in another person a reasonable apprehension or fear of immediate harmful or offensive contact ( e.g. , pointing a gun at someone). Battery: Intentional, unexcused and harmful or offensive contact ( e.g. , firing the gun). False Imprisonment: The intentional confinement of another person or restraint of another person’s activities without justification. The confinement may occur through the use of physical barriers, physical restraint, or threats of physical force. Infliction of Emotional Distress: An intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another. Ch. 6: Intentional Torts - No. 3 Clarkson et al.’s Business Law (11th ed.)
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INTENTIONAL TORTS: DEFENSES Consent: When a plaintiff consents to the act that damages him or her, the alleged tortfeasor generally is not liable for any damage done. Self-Defense: An individual defending his or her life or physical well-being, either from real or apparent danger, may use reasonably necessary force, or resort to reasonably necessary action, to prevent harmful contact. Defense or Assistance of Others:
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This note was uploaded on 05/05/2010 for the course BUSINESS 71356 taught by Professor Higgin during the Spring '09 term at Miss. College.

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BusLaw11.006 - TORTS: AN INTRODUCTION Tort: A civil wrong,...

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