ch09 - Chapter 9 TORTS General Principles Tort is a...

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Unformatted text preview: Chapter 9 TORTS General Principles Tort is a non-criminal or civil injury to a person or her property interests. Types of Torts: Intentional: substantial certainty. Negligence: breach of standard of care. Strict Liability: liability without fault. 2 Intentional Torts False Imprisonment. Intentional detention without consent. Shopkeeper's Privilege permits detention for reasonable time with reasonable suspicion. Intentional Infliction of Emotional Distress. Goes beyond all bounds of decency. Outrageous conduct. 3 Intentional Torts Invasion of Privacy. Intrusion into Private Affairs. Public Disclosure of Private Facts. Appropriation. Defamation. Untrue statement published to a third party that damages a person's property interest. Slander is oral defamation. Libel is written (broadcast, internet). 4 Intentional Torts Intentional Torts Product Disparagement. False statement about a product. Slander of Title/Trade Libel. Wrongful Interference with Contracts. Third party (A) substantially interferes with a contract between B and C, causing either B or C to break the contract. Trespass. Unauthorized action with respect to a person or property. 5 Negligence Exists when a person acts with less care than is reasonable, causing foreseeable injury. Elements: Is There a Duty? Is There a Breach of Duty. Is There Causation? Was the Plaintiff Damaged? 6 Defenses to Negligence Contributory Negligence. Plaintiff's partial negligence for his own injury that bars recovery. Comparative Negligence. Determines the fault of both parties. If Plaintiff is >50% at fault, he recovers nothing. Assumption of Risk. Burden is on Defendant to prove Plaintiff knew about risk and chose to proceed. 7 Liability for Negligence Immunity. Negligently Caused Mental Distress. Bystander Recovery. Limited to spectators who are closely related to plaintiff. 8 Strict Liability Absolute standard of liability. There are few defenses. Example: ultra hazardous activities such as dynamite excavations. 9 ...
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