MIE chapter 6

MIE chapter 6 - Chapter 6 Torts and Product Liability...

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Chapter 6 Torts and Product Liability -tort- a civil wrong not arising from a breach of contract. A breach of legal duty that proximately causes harm or injury to another. - business tort- wrongful interference with another’s business rights. Could be unfair competition or wrongfully interfering with the business relations of others. The Basis of Tort Law - 2 notions serve as the basis of all torts: wrongs and compensations. Compensates those who have suffered a loss or injury due to another’s wrongful act. - damages- money sought as a remedy for a breach of contract or a tortuous action. -the purpose of tort law is to provide remedies for the invasion of various protected interests. - cyber torts- a tort committed in cyberspace. Intentional Tort - intentional tort- a wrongful act knowingly committed. - tortfeaser- the one committing the tort. - assault- any word or action intended to make another person fearful of immediate physical harm, a reasonably believable threat. - battery- the completion of the assault, if it results in harm. -compensation-there is no need to show that the defendant acted out of malice, the person could have just been joking. - defenses- a reason offered by a defendant as to why the plaintiff should not recover what he seeks. -consent-when a person consents to the act that damages her. -self-defense- defending his or her life. -defense of others-an individual can act in a reasonable manner to protect others in danger -defense of property-remove intruders from ones home. - false imprisonment- the intentional confinement of another person’s activities without justification. Happens a lot with confining a shoplifter for questioning for longer than a reasonable amount of time in a reasonable manner. - intentional infliction of emotional distress- intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another. - actionable- capable of serving as the basis of a lawsuit. -defamation- wrongfully hurting a person’s good reputation. - libel- defamation in writing or other form. - slander- defamation in oral form. - publication- defamatory statements are communicated to a third party. -damages-for slander, actual economic or money losses must be proven. -for libel, don’t have to prove special damages. -slander per se- no proof of damages is required; involves statement that someone has a disease, committed improprieties, has been imprisoned, a woman is unchaste. -if the defamatory statements are true, defendant is not liable.
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This note was uploaded on 02/29/2012 for the course MIE 305 taught by Professor Schanz during the Fall '08 term at N.C. State.

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MIE chapter 6 - Chapter 6 Torts and Product Liability...

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