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Twomey & Jennings BUSINESS LAW

Twomey & Jennings BUSINESS LAW. Chapter 9 Torts. 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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Twomey & Jennings BUSINESS LAW

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  1. Twomey & JenningsBUSINESS LAW Chapter 9 Torts

  2. 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.

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

  4. Midler v Ford Motor Co. (1988) Did Ford commit the tort of invasion of privacy against Midler? Intentional Torts • Invasion of Privacy. • Intrusion into Private Affairs. • Public Disclosure of Private Facts. • Appropriation.

  5. Randi v Muroc JUSD. (1997) Is failure to disclose in a recommendation letter actionable as an intentional tort? Intentional Torts • Defamation. • Untrue statement published to a third party that damages a person’s property interest. • Slander is oral defamation. • Libel is written (broadcast, internet).

  6. 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.

  7. 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.

  8. McClung v Delta Square LP (1996) Showdown on the Wal-Mart parking lot. Negligence • Exists when a person acts with less care than is reasonable, causing foreseeable injury. Elements: • Is There a Duty?

  9. Palsgraf v Long Island RR Co. (1928) What is the limit of Proximate Cause? Negligence • Is There a Breach of Duty. • Is There Causation? • Was the Plaintiff Damaged?

  10. Defenses to Negligence • Contributory Negligence. • Plaintiff’s partial negligence for his own injury that bars recovery. • Comparative Negligence. • Determines the fault of both parties. • If fault of Plaintff is >50%, he recovers nothing.

  11. Mosca v Lichtenwalter. (1997) Did the fisherman assume the risk? Defenses to Negligence • Assumption of Risk. • Burden is on Defendant to prove Plaintiff knew about risk and chose to proceed.

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

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

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