J11 MGT 401 - Torts&Warranties

J11 MGT 401 - Torts&Warranties - Torts and Warranties...

Info iconThis preview shows pages 1–13. Sign up to view the full content.

View Full Document Right Arrow Icon
Torts and Warranties MGT 401 Prof. Salzman
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Torts - General Torts - civil wrongs by “ tortfeasors Breach of a duty imposed by law (vs. duties agreed to by contract) Interference with someone or someone’s property that results in injury to that person or to that person’s property. Tort – private wrong; damages to injured party; civil lawsuit Crime – public wrong; debt to society – fine or imprisonment; criminal prosecution 2
Background image of page 2
Categories of Torts 1. Intentional - Intent to perform the act which caused the injury - Not necessarily intent to harm - Includes some classified as “business torts” 2. Negligence 3. Strict Liability 3
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Intentional Torts – A. Defamation Definition Defamation is an untrue statement made by one party to another about a third party. Defamation is either slander (oral or spoken defamation) or libel (written or broadcast). 4
Background image of page 4
5
Background image of page 5

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
A. Defamation Elements of Defamation: 1. Defamatory Statement – reputation, honesty, integrity 2. False 1. Communication 2. Injury 3. Malice (public officials & public figures only) Malice - knowledge of falsity of statement or reckless disregard for whether statement is true or false 6
Background image of page 6
A. Defamation (cont.) Defenses to Defamation : 1. The Truth 1. Privilege: - absolute or - qualified 1. Analysis or opinion as opposed to a factual statement 2. Not Malicious – if plaintiff is a public official or a public figure 7
Background image of page 7

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Intentional Torts B. False Imprisonment Elements of False Imprisonment: 1. Intentional restraint of a person 2. Against person’s will 3. Without reasonable cause or justification Also known as the “shopkeeper’s tort” Defenses to false imprisonment : 1. Consent 2. Shopkeeper’s Privilege – can detain for a reasonable period of time if have a reasonable basis for detaining 8
Background image of page 8
Intentional Torts 1. Assault – the intentional threat to use force on another person that causes him or her to have a reasonable fear or apprehension of imminent harmful or offensive contact; attempt or threat to commit battery. 2. Battery – the intentional use of force against another, resulting in harmful or offensive contact. 9
Background image of page 9

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
1. Consent 2. Self-Defense 3. Defending or assisting others 4. Defending Property D 10
Background image of page 10
Business Torts A. Tortious Interference with Contract Intentionally persuading another to break a contract already in existence with a third party. Elements of Tortious Interference : 1. Valid Contract 2. Knowledge 3. Improper Interference (Inducement) 4. Injury 11
Background image of page 11

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Business Torts B. Invasion of Privacy Invasion of Privacy: 1. Appropriation – commercial exploitation 2. Intrusion 1. False light 2. Public Disclosure of Private Facts Statutory privacy rights – e.g. , Health Insurance Portability and Accountability Act of 1996 (HIPAA) 12
Background image of page 12
Image of page 13
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 08/15/2011 for the course MGT 401 taught by Professor Dalton during the Summer '08 term at SUNY Buffalo.

Page1 / 46

J11 MGT 401 - Torts&Warranties - Torts and Warranties...

This preview shows document pages 1 - 13. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online