Ch6 - Ch. 6 Basis of Tort Law Doing business today involves...

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Ch. 6 Basis of Tort Law Doing business today involves risks, both legal and financial. A tort is a civil injury designed to provide a remedy (damages) for injury to a protected interest. Damages: - Compensatory: reimburse plaintiff for actual losses. - Special: quantifiable losses, such as medical expenses, lost wages, and benefits. - General: non-monetary, such as pain and suffering, reputation. - Punitive: punish the wrongdoer. Intentional Torts Against Persons The person committing the tort, the Tortfeasor or Defendant, must “intend” to commit the act. Intend means: - Tortfeasor intended the consequences of her act; or - She knew with substantial certainty that certain consequences would result Types of Intentional Torts 1. Assault and Battery Assault is an intentional, unexcused act that: - Creates a reasonable apprehension or fear of, - Immediate harmful or offensive contact
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- No Contact Necessary Battery is the completion of the Assault: - Intentional or Unexcused. - Harmful, offensive or Unwelcome - Physical Contact. - Reasonable person standard: an “objective” test of how a reasonable person would have acted under the same circumstances. Defenses to Assault & Battery - Consent - Self-Defense (Reasonable Force) - Defense of Others (reasonable Force) - Defense of Property. 2. False Imprisonment False Imprisonment is the intentional: - Confinement or restraint - Of another person’s Activities - Without justification. Merchants may reasonably detain customer if there is probable cause.
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This note was uploaded on 03/03/2011 for the course ECON 1101 taught by Professor Peters during the Spring '11 term at CUNY Baruch.

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Ch6 - Ch. 6 Basis of Tort Law Doing business today involves...

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