Transcript CHAPTER 5 Civil Law and Procedure

5-2
Intentional Torts, Negligence,
and Strict Liability
 GOALS
 Identify common intentional torts
 Recognize the elements of negligence
 Explain the basis for strict liability
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 1
WHAT ARE THE MOST COMMON
INTENTIONAL TORTS?
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Assault – to put in fear of offensive or harmful touching
Battery – harmful or offensive touching
False imprisonment - intentional confinement of a person against their will
Defamation – false statement that injures a person’s reputation or good
name
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Slander - spoken
Libel - written
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Cyberlaw
1. email
2. bulletin boards
3. social media
Communications Decency Act 1996
1. Protection to service providers
2. Protection to board operators
3. Liable if:
a) Exercise editorial or full control of material posted or transmitted
b) Had knowledge of specific defamatory contents
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 2
WHAT ARE THE MOST COMMON
INTENTIONAL TORTS?
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Invasion of privacy – uninvited intrusion into an individual’s personal
relationships and activities in a way likely to cause shame or mental suffering
 Public figures – give up a lot of rights to when entering public domain
 Non-public figures – U.S. allows collection of data that can be sold
 True or untrue statement in a publication could possible be an invasion
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Intentional infliction of emotional distress –
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Intentional reckless act by the defendant
Act is outrageous or extreme
Act causes suffering of severe emotional distress
Trespass to land – entry onto the property of another without owner’s
consent
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 3
WHAT ARE THE MOST COMMON
INTENTIONAL TORTS?
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Conversion – act of stealing, destroying, or using another’s property
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Thief is a converter
Buyer of stolen goods is also a converter
Interference with contractual relations – party that breaches a contract
Fraud – intentional or recklessly made misrepresentation of an exisiting
important fact
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 4
What’s Your Verdict?
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When Hart asked to borrow Angelique’s pick-up truck to move some of his
furniture to his new apartment, she gave him permission on the condition
that he only use it for that purpose and have it back to her by that evening.
After he finished moving, however, Hart called a couple of his buddies,
hitched his bass boat to the truck, and towed it to the lake. When Hart
returned the truck late the next day, Angelique told him she was suing him.
Had Hart committed an intentional tort?
Because he intentionally utilized the pick-up truck for his own ends after
moving, thereby denying the owner of her use of itl
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 5
NEGLIGENCE
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Most common tort
No intent needed
4 elements
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Duty imposed by negligence
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Reasonable person standard
Professionals/skilled tradespersons have higher degree of care
Breach of duty
Causation and injury
Defenses to negligence
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Contributory negligence
Comparative negligence
Assumption of the risk
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 6
What’s Your Verdict?
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Britt was driving home late one rainy night after drinking alcohol all
evening. With only one working headlight, she raced down residential
streets at speeds up to 60 miles per hour. Meanwhile, Yee was slowly
backing her station wagon out of her driveway, but she failed to look both
ways when she should have. Britt rammed into the right rear end of Yee’s
car. Both Yee and Britt were injured in the collision and their vehicles
severely damaged.
Who will have to pay damages for the injuries and property damage
sustained in the accident?
1.
2.
3.
Reasonable person would drive car at safe speed, sober, and with
working headlights.
Britt’s speed in unsafe vehicle, while impaired
Yee was contributory negligent because she didn’t look both ways
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 7
WHY IS STRICT LIABILITY
NECESSARY?
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Engaging in abnormally dangerous activities
Owning dangerous animals
Selling unreasonably dangerous goods
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 8
What’s Your Verdict?
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While grocery shopping, Mrs. Lamm placed a large glass container of a
new drain cleaner in her shopping cart. Later, when she set the container
on the check-out counter, it exploded. The flying glass cut her in several
places.
Can she collect in tort from the grocery store or the bottler?
Because the bottle was defective and the defect made the product
unreasonably dangerous, Mrs. Lamm could collect from either the store,
the bottler, or both under strict liability.
LAW for Business and Personal Use
Chapter 5
© 2012 Cengage Learning. All Rights Reserved.
May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
SLIDE 9