BUSA 2106 - LEGAL ENVIRONMENT: Ethics & Corporate Governance Edwin K. PalmerTortsTORT A civil action in which one party brings a suit of a personal nature against another.TortsINTENTIONAL TORTS Assault o Creation of fear of offensive contact  Battery o Offensive contact .. and the Defenses areo Consent o Self-Defense o Defense of Another o Defense of PropertyTorts 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 typeo ... and the defense is trutho Publication needed – watch out for defamation by self-publicationTorts Trespass o Entry, without permission, onto the land of another Tortious Interference with Contractual Relations Tortious Interference with Business RelationsTortsNEGLIGENCE... involving matters of risk Duty of Care o measured by the standard of reasonableness Breach of Duty of Care o failure to exercise reasonable careTorts Injury o no injury, no recovery Causation o the test is foreseeability .. and the defenses areo Assumption of the Risko Contributory negligenceo Comparative negligenceTortsSPECIAL NEGLIGENCE DOCTRINES Res Ipsa Loquitur Dram Shop Act Social Host Doctrine Cyber Torts Premises Liability for Criminal Acts State to StateIn Georgia – the “substantially similar” testTortsSTRICT LIABILITY Responsibility for damages regardless of fault.o abnormally dangerous activitiesProduct 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 YearsProduct Liability PRODUCT LIABILITY Misrepresentation Strict Liability Negligence Statute of Limitations – 2 yearsProduct Liability PRODUCT LIABILITY Mixed Transaction o Is it a good or is it a service? o .. What is the Predominant