Legal LiabilityElements of NegligenceDefenses to Negligence ActionsIntentional TortsIntentional Torts - continuedSlide 6Strict and Vicarious LiabilityLegal Liability Based on ContractsLegal Liability Based on StatutesPrincipal Liability Loss ExposuresWorkers’ Compensation and Employers LiabilityLegal LiabilityLegal liability based on tortsNegligenceIntentional tortsStrict liability tortsVicarious liabilityLegal liability based on contractsLegal liability based on statutesPrincipal liability loss exposuresElements of Negligence1 - A legal duty owedCommon lawStatutes2 - Breach of that duty3 - DamagesCompensatorySpecial damages (measurable)General damages (intangible)Punitive damages4 - Casual connectionDefenses to Negligence ActionsContributory negligenceComplete defenseComparative negligenceReduces recoveryAssumption of riskStatutes of limitationsImmunitiesGovernmental agencies, public officialsIntentional TortsIntentional torts against the personAssault and batteryFalse imprisonment and false arrestDefamationLibel and slanderInvasion of right of privacyIntrusion on solitude or seclusionPhysical invasionPublic disclosure of private factsUnauthorized release of confidential informationIntentional Torts - continuedFraudBad FaithInterference with Relationships Between OthersInjurious falsehoodUnfair competitionInterference with employmentInterference with copyright, patent or trademarkIntentional Torts - continuedMisuse of legal processMalicious prosecutionMalicious abuse of processIntentional torts against propertyTrespassReal propertyPersonal propertyConversionNuisanceStrict and Vicarious LiabilityStrict liability tortsAbnormally dangerous instrumentalitiesUltrahazardous activitiesDangerously defective productsVicarious liabilityEmployeeIndependent contractorNondelegable dutiesInherently dangerous activitiesLegal Liability Based on ContractsBreach of ContractHold Harmless and Indemnity AgreementsIndemnitor promises to pay indemnitee for loss sustained by indemniteeLegal Liability Based on StatutesWorkers’ Compensation LawsOther StatutesUniform Aeronautics LawAuto LiabilityPrincipal Liability Loss ExposuresPremises and Operations LiabilityOn premisesOff premises involving ongoing operationsProducts Liability and Completed OperationsAutomobile Liability Ownership, maintenance or useOperations by othersEmployer-employeeVolunteersLoaned employeesFurnishing defective vehiclesNegligent entrustmentNo-Fault statutesWorkers’ Compensation and Employers LiabilityEmployees’ tort suits against employersEmployees covered by workers’ compExempt employeesHold harmless or indemnity
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