Chapter 8

Chapter 8 - Legal 2700 Chapter 8 Torts in the Business...

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Legal 2700 Chapter 8 03/12/09 Torts in the Business Environment Tort -A civil wrong other than a breach of contract Behavior that constitutes a tort is called tortuous behavior. One who commits a tort is a tortfeasor Intentional torts -involve deliberate actions that cause injury Intent -the desire to bring about certain results or also results that are “substantially likely” to result from an action Assault - the placing of another in immediate apprehension for his or her physical safety Battery - is an illegal touching of another where the touching is done without justification and without the consent of the person touched (touching need not cause injury) Infliction of mental distress (emotional distress) - is a battery to emotions. Arises from outrageous, intentional conduct that carries a strong probability of causing mental distress to the person at whom it is directed (example: from the efforts of creditors to extract payment from their debtors: another is the distress of a mother who sees her child negligently run down by a delivery truck) Invasion of privacy - Comprises of 3 principal invasions of personal interest 1) Appropriating the plaintiff’s name or likeness for his or her own use (marketers have been required to pay damages to individuals when pictures of them have been used without authorization to promote products) 2) Defendant’s intrusion upon the plaintiff’s physical solitude (illegal searches or invasions of home or possessions, illegal wiretapping, and persistent and unwanted telephoning) 3) The defendant’s public disclosure if highly objectionable, private information about the plaintiff False imprisonment - this tort is the intentional unjustified confinement of a nonconsenting person however statutes do permit merchants or their employees to reasonably detain customers suspected of shoplifting Malicious Prosecution (false arrest) - arises from causing someone to be arrested criminally without proper grounds (when the arrest is accomplished simply to harass someone Trespass -to enter another’s land without consent or to remain there after being asked to leave (often a crime as well as a tort) Conversion - the wrongful exercise of dominion (power) and control over the personal (nonland)
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Chapter 8 - Legal 2700 Chapter 8 Torts in the Business...

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