1 / 28

Chapter 10 Business Torts

MARIANNE M. JENNINGS. Its Legal, Ethical, and Global Environment. 7 th Ed. Chapter 10 Business Torts. What is a Tort?. A tort is a civil wrong that is an interference with someone’s person or property such that injury results. Latin Word Tortus: m eans “crooked, dubious, twisted”.

luyu
Télécharger la présentation

Chapter 10 Business Torts

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. MARIANNE M. JENNINGS Its Legal, Ethical, and Global Environment 7th Ed. Chapter 10 Business Torts

  2. What is a Tort? • A tort is a civil wrong that is an interference with someone’s person or property such that injury results. • Latin Word Tortus: means “crooked, dubious, twisted”.

  3. Torts vs. Crimes • Tort is a private wrong. • Injured party seeks remedy. • Recovers damages from the one who commits the tort. • Crime is a public wrong. • Wrongdoer is prosecuted. • Pays fine to government or is jailed to pay debt to society.

  4. Types of Torts • Intentional torts: • More than an accidental wrong. • Tort of negligence: • Accidental harms that result from the failure to think through the consequences. • Still have liability but there are defenses. • Strict tort liability: • Absolute standard of liability. • Used in product liability cases.

  5. Property Torts Trespass Disparagement Palming off Negligence Personal Torts False imprisonment Defamation Battery Assault Emotional distress Negligence Other Types of Torts

  6. Defamation • Untrue statement by one party that is published to a third party. • Slander is oral or spoken defamation. • Libel is written, and in some states broadcast, defamation.

  7. Defamation • Elements: • Statement about a business’ or person’s reputation or honesty that is untrue. • Statement is directed at business and made with malice and intent to injure. • Publication - someone heard and understood the statement. • Damages - economic losses such as damage to reputation.

  8. Defamation • Defenses: • Truth is a complete defense. • Privileged speech: two types. • Absolute privilege. • Qualified privilege.

  9. Defamation • Case 10.1Wilkow v. Forbes (2001). • What was Forbes’ defense to libel? • Can an opinion be libelous? • Case 10.2 Burnett v. National Enquirer, Inc. (1983). • Was malice established in the case? Why was it necessary to establish malice? • Is the National Enquirer a newspaper for purposes of the protection of the privilege?

  10. Defamation • References and defamation. • Managers must use caution when speaking of former or current employees to potential new employers. • The tort of defamation can be established if false statements are made.

  11. Contract Interference • Elements: • Tortfeasor knew of Employee’s contract. • Tortfeasor intended to interfere with or breach contract between Employer-Plaintiff and Employee. • Employer-Plaintiff is injured by breach of contract.

  12. Contract Interference • Texaco, Inc. v. Pennzoil, Co. (1987) • The court awarded Pennzoil $7.53 billion in actual damages and $3 billion in punitive damages for tortuous interference of contract. • On April 12, 1987, Texaco filed for bankruptcy protection.

  13. False Imprisonment • Custody of someone else for any period of time against their will. • Need not establish physical damages; just the fact that they are detained establishes sufficient damages. • Defense of shopkeeper’s privilege. • Can detain for reasonable time. • Must have basis for detaining the individual.

  14. Intentional Infliction of E.D. • Liability for conduct that exceeds all bounds of decency. • Difficult for plaintiff to establish emotional distress. • Has been used by debtors against collectors.

  15. Invasion of Privacy • Public disclosure of private facts • Appropriation of another’s name for commercial advantage • Galella v. Onassis (1972). • The court ruled Galella had invaded Jacqueline Kennedy Onassis’ privacy. • HIPAA protects health/patient privacy.

  16. Appropriation • Unauthorized use of someone’s name, voice, image, or likeness for commercial advantage. • Even if manner of use is accurate, it is a tort because of the use without authorization.

  17. Appropriation • Case 10.3Midler v. Ford Motor Co.(1988). • On appeal, Ms. Midler’s case was tried and she recovered $400,000. • Was the audience confused as to who really sang in the commercial? • Was the use of Midler’s voice appropriation?

  18. Negligence • Duty—Element One. • All persons are expected to behave as ordinary and reasonably prudent persons do: • Standard of the law is not always used. • Example: The speed limit of 45 is not appropriate in ice and snow.

  19. Negligence • Case 10.4Randi W. v. Muroc Joint Unified School District(1997). • What concerns are raised about imposing liability on those who provide letters of recommendation? • What was the proximate cause of Randi W’s injury?

  20. Negligence • Breach of Duty—Element Two • Failure to comply with established standard of conduct • Often connected with element one as courts struggle to determine whether a duty even exists • Case 10.5Graves v. Warner Brothers (2004). • What duty did Jenny Jones show have to the Plaintiffs?

  21. Negligence • Causation—Element Three. • Breach of duty caused the plaintiff’s injuries. • “But/for” causation test . • Restricted by the zone of danger rule = Duty.

  22. Negligence • Proximate Cause (Foreseeability)—Element Four. • Some courts hold the cut-off line must be drawn between the "but/for" causation and events contributing to plaintiff's injuries • Case 10.6Palsgraf v. Long Island RR (1928) • There is a legal limit to what is foreseeable.

  23. Negligence • Damages—Element Five. • Medical bills. • Lost wages. • Pain and suffering. • Loss of consortium (as between spouses).

  24. Defenses to Negligence • Contributory negligence: • Plaintiff is also negligent. • Operates as a complete bar to recovery • Comparative negligence: • Compare acts of plaintiff and defendant and assess blame for accident. • Reduces plaintiff’s recovery by amount of fault.

  25. Defenses to Negligence • Assumption of risk—plaintiff knew of inherent risk and went forward anyway. • Case 10.7Mosca v. Lichtenwalter(1997). • Is the risk of being struck by a line inherent in the sport of fishing? • What is the difference between assumption of the risk in day-to-day activities and in sports?

  26. Tort Reform • Current Attempts at Reform: • Limits on verdicts. • Standards for recovery. • Case 10.8BMW of North America, Inc. v. Gore(1996). • What constitutional issues are raised? • To whom would the dissent leave the issue of punitive damage?

  27. Tort Reform • Limits on Punitives: • Eighth Amendment excessive punitive damages is cruel and unusual punishment. Cooper Industries v. Leatherman Tool Group (2001). • Due Process violated with excessive punitives. State Farm v. Campbell (2003).

  28. Strict Liability • Absolute liability for injury. • Can result from violation of statute (improper disposal of toxic waste). • Public policy reason is manufacturers take appropriate steps to design and manufacture products.

More Related