Understanding the Basics of Torts in Business Law
Explore the fundamental concepts of torts in business law through an overview of various types of wrongful acts, such as interference with enjoyment, defamation, negligence, injunctions, strict liability, intentional torts, and trespass. Learn about the responsibilities and liabilities associated with different forms of torts that can arise in business settings.
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Ch. 4 Ch. 4 The Law of Torts The Law of Torts BUSINESS LAW BUSINESS LAW REVIEW PRESENTATION REVIEW PRESENTATION 1
Interference with anothers enjoyment of Interference with another s enjoyment of life or property. life or property. nuisance 2
Wrongful act of injuring anothers Wrongful act of injuring another s reputation with false statements. reputation with false statements. defamation 3
Failure to exercise the degree of care that Failure to exercise the degree of care that the reasonable person would exercise. the reasonable person would exercise. Breach of duty/negligence 4
Court order issued by a judge ordering a Court order issued by a judge ordering a person to do or not to do something. person to do or not to do something. Injunction 5
Responsibility to answer for harm that Responsibility to answer for harm that results from ultra results from ultra- -hazardous activities. hazardous activities. Strict liability 6
Wrong that occurs when a person knows and Wrong that occurs when a person knows and desires the consequences of his or her act. desires the consequences of his or her act. Intentional tort 7
One persons interference with the rights One person s interference with the rights of another. of another. tort 8
Wrongful injury to or interference with Wrongful injury to or interference with the property of another. the property of another. trespass 9
One persons failure to exercise the degree of One person s failure to exercise the degree of care a reasonable person would exercise in the care a reasonable person would exercise in the same situation. same situation. Negligence/breach of duty 10
The link between unreasonable conduct The link between unreasonable conduct and an injury in a negligence suit. and an injury in a negligence suit. Proximate cause 11
True or False True or False 12
One of the primary purposes of the law is to One of the primary purposes of the law is to protect you from the wrongful acts of others. protect you from the wrongful acts of others. true 13
A tort is a wrong against an individual. A tort is a wrong against an individual. true 14
Tort lawsuits are brought by the state in Tort lawsuits are brought by the state in order to punish wrongdoers. order to punish wrongdoers. false 15
Sometimes a wrong can be both a tort Sometimes a wrong can be both a tort and a crime. and a crime. true 16
A assault and a battery are always A assault and a battery are always committed together. committed together. false 17
Property owners today own the airspace to the Property owners today own the airspace to the highest point in the sky over their heads. highest point in the sky over their heads. false 18
It is not considered a wrongful at to It is not considered a wrongful at to interfere with another person s contracts. interfere with another person s contracts. false 19
Under the law, all people are entitled to Under the law, all people are entitled to certain rights. certain rights. true 20
Public officials can win a lawsuit for libel or Public officials can win a lawsuit for libel or slander even if actual malice cannot be proved. slander even if actual malice cannot be proved. false 21
Individuals have the right to know what Individuals have the right to know what records concerning them are being kept by records concerning them are being kept by government agencies. government agencies. true 22
A person does not need to suffer injuries or A person does not need to suffer injuries or damages to property to be able to recover from damages to property to be able to recover from another person for that person s negligence. another person for that person s negligence. false 23
A public nuisance is one that affects a A public nuisance is one that affects a large group of people. large group of people. true 24
If there is a defect in a product that causes an If there is a defect in a product that causes an injury, the company that manufacturers the injury, the company that manufacturers the product is often liable. product is often liable. true 25
Today, when the victim of a tort dies the Today, when the victim of a tort dies the chance for a lawsuit also dies. chance for a lawsuit also dies. false 26
Money will always repay the injured party Money will always repay the injured party for the damages suffered in a tort injury. for the damages suffered in a tort injury. false 27
Milton Taylor pointed a gun at Jane Tate and said to her, I hate you and I m going to shoot you! Tate left. Taylor claims that he did not commit a tort because he did not shoot Tate. Is he correct? NO, TORT OF ASSAULT NO, TORT OF ASSAULT 28
Wendy Horgan discovered a car parked on the side of the road with keys left in it. Seeing no one around, she got in the car, started it up, and drove it away. She abandoned the car about two hours later when it ran out of gas. Did she commit a tort? YES, UNAUTHORIZED TAKING OF PERSONAL YES, UNAUTHORIZED TAKING OF PERSONAL PROPERTY PROPERTY 29
Edmund Mann entered a vacant house without the permission of the owner. The house was owned by Donald Subich. Mann was caught by Subich who claimed he had the right to bring a lawsuit against Mann for trespass. Mann argues that there was no trespass, because there was no injury to Subich s property. Is Mann correct? NO, TRESPASSER, INJURY FROM THE MERE NO, TRESPASSER, INJURY FROM THE MERE UNWELCOMED PRESENCE OF ANOTHER. UNWELCOMED PRESENCE OF ANOTHER. 30
Peter Kiezulas negligently drove his speed boat into a group of swimmers. The swimmers, however, were in a place that they were not supposed to be. The jury found that Kiezulas was negligent and assessed damages at $50,000. However, it also found that the swimmers were 20 percent negligent in contributing to their own injuries. Under comparative negligence guidelines, do the swimmers recover any of the damages rewarded by the court? YES, COMPARATIVE NEGLIGENCE YES, COMPARATIVE NEGLIGENCE 80 % OF THE $50,000 ($40,000). THE $50,000 ($40,000). 80 % OF 31
Jamey Wieninger wanted to remove some tree stumps on his property. He was very careful in setting the explosive charges. Nevertheless, some of the debris from the explosion damaged Harry Loman s car. Will Wieninger have to reimburse Loman? YES, STRICT LIABILITY, HAZARDOUS YES, STRICT LIABILITY, HAZARDOUS ACTIVITIES. ACTIVITIES. 32
Define the word Define the word crime A wrongful act against the public at large. crime 33
Define the word Define the word tort Taking away a person s rights tort 34
List the 4 Elements of Negligence. List the 4 Elements of Negligence. Duty of Care Breach of Duty Proximate Cause Actual Harm 35
What happens when one of the 4 What happens when one of the 4 Elements of Negligence are eliminated? Elements of Negligence are eliminated? The case is over. 36
What tort may be present in an What tort may be present in an automobile accident? automobile accident? negligence 37
What is the essential difference between libel What is the essential difference between libel and slander? What are they an example of? and slander? What are they an example of? They are both an example of defamation. Libel defamation in writing (letter) Slander spoken defamation 38
List 3 of the intentional torts as discussed List 3 of the intentional torts as discussed in class in class. . Assault Battery Trespass Nuisance Battery Defamation Vandalism 39
If you are the If you are the plaintiff elements of negligence do you want to be elements of negligence do you want to be proven proven? ? all plaintiff in a case. How many in a case. How many 40
If you are the If you are the defendant minimum number of elements you want to be minimum number of elements you want to be eliminated eliminated? ? one defendant in a in a case, what case, what is the is the 41
