CHAPTER 6 ELEMENTS OF TORT I Definition of tort Law Test 2 notes ii Types of torts A Negligence based B Intentional C Strict Liability D Specific to property iii Definition of Negligence Violated duty of care IV Causation Actual and Proximate Actual cause punch in the face proximate cause If the chain of events is foreseeable company leaves trench halfway dug without putting lights or warnings V Superseding Cause Intervening Conduct Conduct that intervenes with your negligence person pushed you in trench Danger rights recuse Race ipesa loquitur the thing speaks for itself move onto damages VI Defenses Assumption of risk Could get hit by a baseball or puck at sporting event Apparent negligence doctor If you had seatbelt on your damages would have been less Liability waver Intentional tort has to be in writing has to be clear and conspicuous has to be signed by the person you are trying to enforce it against Motive isn t important and you don t have to show they know who exactly would get hurt VII Major categories of torts A Assault Conduct by a person that puts you in reasonable fear of bodily harm Clemson football player says he will punch you in the mouth B Battery Anytime anyone touches your person without your consent Can be sued for both Heimlich maneuver Tourniquet car accident not guilty rendering reasonable C Assault and Battery Consent ex Agree to participate in contact sport Broken leg from tackle can t sue Broken nose from boxing can t sue Priviledge assistance Self defense False arrest D False Imprisonment Can be sued for excessive force but not reasonable Police throw you in a jail cell for unreasonable doubt Detained by someone other than police shoplifting If you the merchant detain someone in a reasonable manner you are not guilty of false imprisonment Even if you take action beyond reasonable we are going to put a limit on what the judge or jury can award you E Infliction of Emotional Distress Only occurs if the conduct was so outrageous If you owe people money one option is to turn over to debt collector F Invasion of Privacy Make your private life public Celebrities have hardly any invasion of privacy G Defamation Slander Libel Defamation Per Se Someone intentionally communicates false info about you to a 3rd party that causes you If someone said something that would clearly harm everyone then they move onto damages harm Slander is verbal Written is libel Defamation persae Defenses of defamation Truth and privilege 3 types of priv Absolute privilege Constitutional privilege Conditional privileged Internet Its clear you can sue for someone of defamation If you tell the person who hosts or maintains that website they must take whatever efforts they can to take down it Suing the press LAW 322 LEGAL ENVIRONMENT OF BUSINESS CHAPTER 7 BUSINESS TORTS AND PRODUCT LIABILITY 1 Three business torts 1 Someone intentionally reports false information to a business Third party relies on this info you trust these people because you have previously done business together Tell court to issue injuction 2 Interference with contracted relationship 3 Interference prospective advantage Any arrangement a business has that is not included in contract a Fraud and elements to establish including Scienter b Interference with contractual relations c Interference with prospective advantage 2 Product Liability a Strict liability for consumer products especially food products b Implied warranty versus and express warranty Express Exists from marketing or advertising material or arise from any statements made to consumer Implied court creates because the believe is fair eating in restaurant and getting sick from food Show court there was some sort of contract Strict liability consumer and injured by consumer product that product is presumed to be defective and are liable for injuries unless they have defense c Defenses in product liability cases 1 Product misuse Mowing grass and trims hedges with lawn mower and sued manufacturer but lost because didn t use product for intended service 2 Comparative negligence If court thing injured party was negligent they will reduce damages against consumer product 3 Assumption of risk usually for medicines alcohol and tobacco If aledgeing you have cancer from tobacco products before warning label went on you may be able to sue still Same thing with pharmaceuticals 4 Bulk supplier doctrine Take your raw material along with other people s then combine to make a product that is not your liability if their product they made with the bulk material and it injures someone 5 Sophisticated or professional user of product Court says you are professional user very difficult for you to sue manufacturer and recover Lighting cigarette near welding equipment 3 Statutory limits on tort liability Certain states issuing caps statutory limit on tort awards a Workers compensation unless an intentional tort was the cause of an employee s Injury State insurance fund Premium employers pay are based on two things Factory worker has more chance of getting injured than office worker More claims you have the higher your premium If you manufacture your product to government standard you have no liability for injuries if it met safety standard b Manufacture product to government specification no tort liability c State laws may set limits on tort damages Alter hazardous activity falls under absolute liability Absolute liability no defenses 1 Definition of each 2 Three types of deeds a Quitclaim b Warranty c Special Warranty 3 Title 4 Three forms to hold property jointly Mineral rights tenancy in common joint tenancy and tenancy by the entirety Fee simple is absolute owner of property a Tenancy in common their heirs in the will Only form that does not have right to survivorship b Joint tenancy Each owns a 50 section of property If one person dies the property goes to If one dies then the property goes to the other survivor who he split it with Can also rewrite tenancy if there was a fall out c Tenancy by the entirety Only available in half of states and only available to married couples The surviving spouse immediately owns property following one of them s death Only way to convert it is to get a legal divorce Lifestate legally has right to live in that property the rest of their whole life 5 Trusts Trustee and Beneficiary Trust separate legal ownership from property from beneficial ownership of property Trustee becomes legal owner of property for the duration of the trust The income