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Law FInal - Chapter 6 Torts and Product Liability Tort A...

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Chapter 6: Torts and Product Liability Tort: A civil wrong from a breach of a legal duty that proximately causes harm or injury to another. Business Tort: Wrongful interference with another’s business rights. Damages Available in Tort Actions Damages: The monetary amount awarded by a court in a civil action to compensate a plaintiff for injury or loss. -Compensatory Damages: A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party. Broken down into either special damages (monetary losses/lost wages) or general damages (noneconomic aspects of the harm suffered i.e. Emotional pain) -Punitive Damages: Monetary damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct. Two broad classifications of torts: o Intentional torts: the tortfeasor (the one committing the tort) must intend to commit an act o Unintentional torts (torts involving negligence) Intentional Torts Assault and Battery o Assault: Any word or action intended to make another person fearful of immediate physical harm, a reasonably believable threat. o Battery: The unprivileged, intentional touching of another o The interest protected by tort law concerning battery is the right to personal security and safety. o Whether the contact is offensive or not is determined by the reasonable person standard (an “objective” test of how a reasonable person would have acted under the same circumstances) o Defense: A reason offered and alleged by a defendant in an action or suit as to why the plaintiff should not recover or establish what she or he seeks. Consent Self-defense Defense of others Defense of property False Imprisonment o The intentional confinement or restraint of another person’s activities without justification Intentional infliction of Emotional Distress o Intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another o Actionable: capable of serving as the basis of a lawsuit. An actionable claim can be pursued in a lawsuit or other court action. o Example: The prankster calling the pregnant woman leading to the miscarriage. Defamation o Anything published or publicly spoken tat causes injury to another’s good name, reputation, or character. o Libel: defamation in writing or other form having quality of permanence. o Slander: defamation in oral form o The Publication requirement Publication of statement/statements that hold an individual up to contempt, ridicule, or hatred. ( Publication here means that the defamatory statements are communicated to persons other than the defamed party) o Damaged for Libel Once a defendant’s liability for libel is established, general damages are presumed as a matter of law.
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