Tort Law and Business Orgs

Tort Law and Business Orgs - Tort Law any damages...

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Tort Law – any damages inflicted, not included under breach of contract. Intentional Tort – harm intentionally inflicted Unintentional Tort – harm inflicted unintentionally o Negligence – an unintentional injury resulting from the defendant’s failure to use reasonable care (by far the #1 basis for lawsuits in the U.S.) Ex: A customer slips on a liquid spill at a store and breaks their hip Ex: Most automobile accidents Must prove 5 things Duty of Care – requires people to act with the watchfulness, attention, caution, and prudence that a reasonable person would under the circumstances o Businesses owes customers a Duty of Care o Professionals to their customers (malpractice) o Landowners to people on your property Breach of Duty – had a Duty of Care and failed to keep it Causation in Fact – must prove that the Breach of Duty caused the injury o Upheld if the injury would not have been caused “but for causation in fact” Proximate Causation – was the injury foreseeable
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Tort Law and Business Orgs - Tort Law any damages...

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