BUSA 2106 LEGAL ENVIRONMENT Ethics Corporate Governance Edwin K Palmer Torts TORT A civil action in which one party brings a suit of a personal nature against another Torts INTENTIONAL TORTS Assault o Creation of fear of offensive contact Battery o Offensive contact and the Defenses are o o o o Consent Self Defense Defense of Another Defense of Property Torts False Imprisonment o Intentional confinement of another without justification Intentional Infliction of Emotional Distress o Intentional act that amounts to extreme and outrageous conduct Defamation o Wrongfully hurting another s reputation Slander orally Libel writing of some type o o and the defense is truth Publication needed watch out for defamation by selfpublication Torts Trespass o Entry without permission onto the land of another Tortious Interference with Contractual Relations Tortious Interference with Business Relations Torts NEGLIGENCE involving matters of risk Duty of Care o measured by the standard of reasonableness Breach of Duty of Care o failure to exercise reasonable care Torts Injury o no injury no recovery Causation o the test is foreseeability and the defenses are o o o Assumption of the Risk Contributory negligence Comparative negligence Torts SPECIAL NEGLIGENCE DOCTRINES Res Ipsa Loquitur Dram Shop Act Social Host Doctrine Cyber Torts Premises Liability for Criminal Acts State to State In Georgia the substantially similar test Torts STRICT LIABILITY Responsibility for damages regardless of fault o abnormally dangerous activities Product Liability PRODUCT LIABILITY Warranty Law o Uniform Commercial Code Article II and IIA Express Warranty Implied Warranty Merchantability Fit for a Particular Purpose Fit for Human Consumption Third party beneficiary warranty Disclaimers Statute of Limitations Four Years Product Liability PRODUCT LIABILITY Misrepresentation Strict Liability Negligence Statute of Limitations 2 years Product Liability PRODUCT LIABILITY Mixed Transaction o o Is it a good or is it a service What is the Predominant Purpose