Slide 1The Basis of Tort LawThe Basis of Tort LawThe Basis of Tort LawThe Basis of Tort LawThe Basis of Tort LawIntentional Torts Against PersonsIntentional Torts Against PersonsIntentional Torts Against PersonsIntentional Torts Against PersonsIntentional Torts Against PersonsIntentional Torts Against PersonsIntentional Torts Against PersonsIntentional Torts Against PersonsIntentional Torts Against PersonsIntentional Torts Against PersonsIntentional Torts Against PersonsIntentional Torts Against PersonsIntentional Torts Against PersonsIntentional Torts Against PersonsIntentional Torts Against PersonsIntentional Torts Against PersonsIntentional Torts Against PersonsIntentional Torts Against PersonsIntentional Torts Against PersonsIntentional Torts Against PersonsIntentional Torts Against PersonsIntentional Torts Against PropertyIntentional Torts Against PropertyIntentional Torts Against PropertyUnintentional Torts (Negligence)Negligence: Duty of Care and BreachNegligence: Duty of Care and BreachNegligence: CausationNegligence: Injury Requirement and DamagesNegligence: DefensesNegligence: DefensesSpecial Negligence Doctrines and StatutesSpecial Negligence Doctrines and StatutesStrict LiabilityStrict LiabilityCyber Torts© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.Business Law Today 10th Ed.Text and Summarized CasesDiverse, Ethical, Online and Global EnvironmentRoger LeRoy MillerGaylord JentzChapter 4: Torts andCyber TortsOxford/iStockphoto.com© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.THE BASIS OF TORT LAW•Defined “civil wrong, other than a breach of contract, for which the law provides a remedy”•Tort is French for “wrong”2© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.THE BASIS OF TORT LAW•Purpose of Tort Law.–Provide remedies for invasion or violation of protected interests.–Society recognizes an interest in:•Personal physical safety.•Protecting real and personal property.•Protecting certain intangible interests (such as reputation).3© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.THE BASIS OF TORT LAW•Damages Available in Tort:–Compensatory Damages: actual losses. Puts plaintiff in position he would have been in if the tort had not occurred.•Special Damages: quantifiable such as lost wages, medical bills. • General Damages: nonmonetary losses such as pain and suffering. 4© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.THE BASIS OF TORT LAW•Damages Available in Tort:–Punitive Damages: punish wrongdoer, typically only available in intentional torts.•Tort Reform. 5© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.THE BASIS OF TORT LAW•Classification of Torts:–Intentional- intend the act; motive does not matter–Unintentional (negligence-no fault).–Strict Liability (absolute liability).6© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.•Plaintiff (injured party) sues the Defendant (tortfeasor).–In an intentional tort, the plaintiff must only prove that the defendant “intended” the consequences of his action and knew with substantial certainty that consequences would result from that act. INTENTIONAL TORTS AGAINST PERSONS7© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.•Assault and Battery.–Assault: the reasonable apprehension or fear of immediate contact.–Battery: completion (contact) of the assault.–No motive is necessary, and plaintiff can be compensated for emotional harm.INTENTIONAL TORTS AGAINST PERSONS8© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.•Assault and Battery.–Defenses: •Consent.•Self-Defense and Others.•Defense of Property.INTENTIONAL TORTS AGAINST PERSONS9© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.•False Imprisonment.–Confinement or restraint of another person’s activities without justification.–Merchants can detain a suspected shoplifter as long as there is probable cause.INTENTIONAL TORTS AGAINST PERSONS10© 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise