BADM 350 Ch6&7 - Chapter 6 & 7 Outline...

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1 1. The Basics of Tort Law 2. Intentional Torts Against Persons 3. Intentional Torts Against Property (skip business torts for now) 4. Negligence (unintentional torts)
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2 §1: Basis of Tort Law A tort is a civil injury designed to provide compensation for injury to a legally protected, tangible or intangible, interest. There are intentional and unintentional (negligence) torts. There are actually 3 types of torts: -Intentional -Unintentional (negligence) -Strict Liability
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3 Def. Tort Tort—A civil wrong not arising from a breach of contract. A breach of a legal duty which is the proximate cause of harm to another.
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4 Types of Intentional Torts Against Persons: Assault and Battery. False Imprisonment. Infliction of Emotional Distress. Defamation. Invasion of Privacy. Misrepresentation (fraud) Against Property: Trespass to Land Trespass to personal property Conversion
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5 §2: 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.
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6 Assault and Battery ASSAULT is an intentional, unexcused act that: Creates a reasonable apprehension of fear, or Immediate harmful or offensive contact. NO CONTACT NECESSARY. BATTERY is the completion of the Assault: Intentional or Unexcused. Harmful, Offensive or Unwelcome. Physical Contact.
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7 Defenses to Consent. Self-Defense (reasonable force). Defense of Others (reasonable force). Defense of Property.
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False Imprisonment False Imprisonment is the intentional: Confinement or restraint. Of another person’s activities.
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BADM 350 Ch6&7 - Chapter 6 & 7 Outline...

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