Twomey

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Twomey JenningsBUSINESS LAW

• Chapter 9
• Torts

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General Principles

• Tort is a non-criminal or civil injury to a
  person or her property interests.
• Types of Torts
• Intentional substantial certainty.
• Negligence breach of standard of care.
• Strict Liability liability without fault.

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Intentional Torts

• False Imprisonment.
• Intentional detention without consent.
• Shopkeepers Privilege permits detention for
  reasonable time with reasonable suspicion.
• Intentional Infliction of Emotional Distress.
• Goes beyond all bounds of deceny.
• Outrageous conduct.

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Intentional Torts

• Invasion of Privacy.
• Intrusion into Private Affairs.
• Public Disclosure of Private Facts.
• Appropriation.

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Intentional Torts

• Defamation.
• Untrue statement published to a third party that
  damages a persons property interest.
• Slander is oral defamation.
• Libel is written (broadcast, internet).

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Intentional Torts

• Product Disparagement.
• False statement about a product.
• Slander of Title/Trade Libel.
• Wrongful Interference with Contracts.
• Third party (A) substantially interferes with a
  contract between B and C, causing either B or C
  to break the contract.

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Intentional Torts

• Trespass.
• Unauthorized action with respect to a person or
  property.
• Computer Torts.
• Trespass to Personal Property and Computers.
• Computers and Privacy.
• Defamation by Computer.

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Negligence

• Exists when a person acts with less care than is
  reasonable, causing foreseeable injury. Elements
• Is There a Duty?

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Negligence

• Is There a Breach of Duty.
• Is There Causation?

• Was the Plaintiff Damaged?

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Defenses to Negligence

• Contributory Negligence.
• Plaintiffs partial negligence for his own injury
  that bars recovery.
• Comparative Negligence.
• Determines the fault of both parties.
• If fault of Plaintff is gt50, he recovers nothing.

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Defenses to Negligence

• Assumption of Risk.
• Burden is on Defendant to prove Plaintiff knew
  about risk and chose to proceed.

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Liability for Negligence

• Immunity.
• Negligently Caused Mental Distress.
• Bystander Recovery.
• Limited to spectators who are closely related to
  plaintiff.

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Strict Liability

• Absolute standard of liability.
• There are few defenses.
• Example ultra hazardous activities such as
  dynamite excavations.