10 - The Legal and Regulatory Environment of Business (15th...

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The Legal and Regulatory Environment of Business (15 th ed.) Chapter 10 Torts in the Business Environment I. Torts - Generally A. What is a tort? Legally defined as a civil wrong other than a breach of contract. - most torts involve injury to persons or property - many times the torts also constitute crimes - Tortious behavior : behavior that constitutes a tort - Tortfeasor : one who commits a tort B. There are three main categories of torts: 1. Intentional Torts - deliberate action that causes injury 2. Negligence Torts - injury following a failure to use reasonable care 3. Strict Liability Torts - impose legal liability for injury even though a liable party neither intentionally not negligently caused the injury C. Duty and Causation : One is not liable for another’s injury unless he or she has a duty toward the person injured and one has caused the injury D. Damages - the usual remedy is dollar damages which may be awarded to victims of torts II. Intentional Torts - intent is defined as “the desire to bring about certain results” and can also include results that are substantially likely to result from an action See Sidebar 10.1 p. 282 for a list of torts A. Assault - the placing of another in immediate apprehension for his or her physical safety - apprehension includes the expectation that one is about to be physically injured B. Battery - the illegal touching of another. C. Intentional Infliction of Mental Distress or Intentional Infliction of Emotional Distress “IIED” -Intentional infliction of mental distress is a battery to the emotions - It arises from outrageous, intentional conduct that carries a strong probability of causing mental distress to the person at whom it is directed - Many states require mental distress + physical symptoms (e.g. sleeplessness, headaches) Basic Elements (See Van Stan v. Fancy Colours Company p. 283) 1. The defendant’s conduct was extreme and outrageous; 2. Defendant intended to inflict severe emotional distress or knew that there was a high probability that his conduct would inflict severe emotional distress; and 3. The defendant’s conduct did cause severe emotional distress 1
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- What kind of behavior is considered extreme and “Outrageous!”? D. Invasion of Privacy - evolving tort There are three principal invasions of personal interest: a) Use of a person’s name or likeness for personal use b) Intrusion of a person’s physical solitude Note: the invasion of privacy must be highly objectionable to a reasonable person. c)
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10 - The Legal and Regulatory Environment of Business (15th...

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