DOC PREVIEW
NIU MGMT 217 - Torts continued

This preview shows page 1 out of 3 pages.

Save
View full document
View full document
Premium Document
Do you want full access? Go Premium and unlock all 3 pages.
Access to all documents
Download any document
Ad free experience
Premium Document
Do you want full access? Go Premium and unlock all 3 pages.
Access to all documents
Download any document
Ad free experience

Unformatted text preview:

I. TORT LAWA. Definition of a Tort1. Civil wrong that leads to injurya) Generally civil as opposed to criminalb) Injury includes(1) Damage to property(2) Physical injury to a person(3) Mental injury2. ExamplesB. Types of Torts1. Intentionala) Involves purposeful conduct which leads to injury(1) Intent to injure is not required, only the intent to act.(2) Example: Batteryb) Many intentional torts are crimesc) Some intentional torts that arise in business(1) Tortious interference with a contract(2) Fraud/misrepresentation(1) Defamation(a) Wrongfully injuring another’s reputation(b) Elements(i) False statements asserted as facts(ii) Publication(c) Occurs primarily in employment reference situations(d) Truth is a defense, but the burden of truth lies with the defendant.2. Negligence (Accidental torts)a) Elements(1) Defendant owed plaintiff a duty of care(a) Duty to act as a reasonable person(b) Duty to act as a reasonable professional(c) The duty is only owed to foreseeable plaintiffs(2) Defendant breached the duty of care(a) Failure to act reasonably in the given circumstances(b) Negligence per se(3) Causation(a) Actual cause(b) Proximate cause(4) Injuryb) Defenses(1) Prove that one of the elements of the negligence case is missing.(2) Assumption of the risk(a) Agreement(b) Circumstances(3) Contributory or comparative negligence(a) Contributory negligence(b) Comparative negligence(i) Plaintiffs recovery is reduced by the percentage that the plaintiff is responsible for the injury(ii) Most states bar plaintiffs recovery if plaintiff is more than 50% responsibleMGMT 217 1st Edition Lecture 13Last Lecture Outline:I. TORT LAWA. Definition of a Tort1. Civil wrong that leads to injurya) Generally civil as opposed to criminal b) Injury includes(1) Damage to property(2) Physical injury to a person(3) Mental injury2. Examples-malpractice, car accidents, slip and fallB. Types of Torts1. Intentionala) Involves purposeful conduct which leads to injury(1) Intent to injure is not required, only the intent to act.(2) Example: Batteryb) Many intentional torts are crimesc) Some intentional torts that arise in business(1) Tortious interference with a contract(2) Fraud/misrepresentationLecture outline: (1) Defamation(a) Wrongfully injuring another’s reputation(b) Elements(i) False statements asserted as facts(ii) Publication-defamation must be communicated(c) Occurs primarily in employment reference situations(d) Truth is a defense, but the burden of truth lies with the defendant.2. Negligence (Accidental torts)a) Elements(1) Defendant owed plaintiff a duty of care(a) Duty to act as a reasonable person(b) Duty to act as a reasonable professional(c) The duty is only owed to foreseeable plaintiffs-see Palsgraf v. Long Island Railroad (man jumps on moving train carrying explosives). (2) Defendant breached the duty of care(a) Failure to act reasonably in the given circumstances(b) Negligence per se-Usually involve a violation of a statute, e.g., running a red light.(3) Causation(a) Actual cause(b) Proximate cause-defendant’s careless actions set into motion an unbroken chain of events which leads to injury.(4) Injury-recognizable damagesb) Defenses(1) Prove that one of the elements of the negligence case is missing.(2) Assumption of the risk(a) Agreement-usually in an exculpatory clause(b) Circumstances-see, Pfenningv.Lineman(16-year-old hit by a golf ball while driving golf cart for golf tournament)(3) Contributory or comparative negligence(a) Contributory negligence-If plaintiff is at all responsible for the tort, plaintiff recovers nothing(b) Comparative negligence(i) Plaintiffs recovery is reduced by the percentagethat the plaintiff is responsible for the injury(ii) Most states bar plaintiffs recovery if plaintiff is more than 50% responsibleLecture:Defamation is when someone says or writes something that could hurt another person’s reputation. In order to commit a tort, there must be damages. E.g, you cannot sue someone for battery if you touch or grab someone and it doesn’t hurt. Proximate Cause: The defendant didn’t directly cause the damages to the plaintiff, but their carelessness led to or increased the damagesAssumption of risk: a defense if there are risks inherent to what the plaintiff was doing. Comparative Negligence: The amount that the plaintiff can sure for is reduced if they could have prevented the injury, or caused the injury by being


View Full Document
Download Torts continued
Our administrator received your request to download this document. We will send you the file to your email shortly.
Loading Unlocking...
Login

Join to view Torts continued and access 3M+ class-specific study document.

or
We will never post anything without your permission.
Don't have an account?
Sign Up

Join to view Torts continued 2 2 and access 3M+ class-specific study document.

or

By creating an account you agree to our Privacy Policy and Terms Of Use

Already a member?