Chap010

The Legal and Regulatory Environment of Business

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Chapter 10 - Torts in the Business Environment CHAPTER 10 TORTS IN THE BUSINESS ENVIRONMENT I. LEARNING OBJECTIVES The purpose of this chapter is to introduce students to noncontractual civil wrongs as they apply to business. The chapter develops the main categories of torts: intentional torts, negligence torts, and strict liability torts. Products liability is covered under strict tort liability. Through assignment of rights and duties, the law affects the way wealth is distributed in society. Use the tort chapter, and the recent changes in tort law, to illustrate this aspect of the law. Consider that the role of tort law in a property-based legal system is both to compensate owners for trespasses on what they own (including in that broad sense, ownership of themselves) and to define the boundaries of what they own, especially as they own the uses of their resources. As resource uses are defined by the courts (or legislatures) as legally wrong, wealth is redistributed. II. REFERENCES Carroll, Stephen J., Assessing the Effects of Tort Reform . Rand Corp. (1987). Collin, Thomas J., Punitive Damages and Business Torts . ABA (1998). Dobbs, Dan and Paul Hayden, Torts and Compensation . West (2005). Epstein, Richard A., Cases and Materials on Torts. Aspen Pub. (2008). Friedman’s Practice Series – Torts eBook . Precedent Press (2005). Glannon, Joseph W., The Law of Torts: Examples and Explanations , 3d ed. Aspen (2005). Hans, Valerie P., Business on Trial: The Civil Jury and Corporate Responsibility . Yale (2000). O'Connell, Jeffrey, Tort Law: No-Fault and Beyond . M. Bender (1976). Schwartz, Victor E., et al, Prosser on Torts , 11th ed. Foundation Pr. (2005). Schwartz, Victor E., et al, Torts: Cases and Materials , 10th ed. West (2001). Stapleton, Jane, Product Liability . Butterworths (1994). Williams, C. Arthur, Workers' Compensation Systems Around the World . (1991). 10-1
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Chapter 10 - Torts in the Business Environment lll. TEACHING OUTLINE INTENTIONAL TORTS 1. Assault and Battery A. Emphasize : (1) The civil distinction between assault and battery. (2) That an illegal touching does not have to cause injury. It simply has to be without justification in order to be a battery. B. Cases for Discussion (1) A fraternity hazing instance involving the paddling of a pledge led to a tort action for battery. (2) An award of $275,000 in compensatory damages for false imprisonment and battery against the District of Columbia and two city police officers was not excessive when the plaintiff was a 38-year-old black man who held two Masters' degrees, who had served as a peace corps volunteer, and who had never been arrested. The plaintiff was suddenly accosted by plain-clothes officers, subjected to degrading remarks, and kicked into a marked police car that was driven to a robbed bank. When the officers learned that the plaintiff was not the robber, he was nevertheless
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Chap010 - Chapter 10 - Torts in the Business Environment...

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