MGMT 3540 1nd Edition Lecture 6Outline of Last Lecture Intentional Infliction of Emotional DistressDefamationFour Types of Invasion of PrivacyFraudulent MisrepresentationProperty TortsOutline of Current Lecture Property Torts (intentional) ContinuedNegligenceDefenses to NegligenceStrict LiabilityCurrent LectureProperty Torts (intentional) ContinuedBusiness Tort: intentional interference with contract or business relationshipWith a contractThe defendant knew the plaintiff had a contract with a third party; andThe defendant intentionally induced the third party to break the contract (usually to get the business for himself)With a business relationshipThe defendant knew of the existing business between the plaintiff and a third party; andThe defendant used predatory practices to obtain business for herself.Business implication for intentional torts: employer often liable for actual and punitive damagesNegligenceDefinedAn unintentional violation of a legal duty to use a standard of careFour Required Elements of Proof: Was there…These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.An unintentional act (or nonfeasance)? If not, look at the intentional torts and see if all the elements of proof are present for one or more tortsA legal duty to use a standard of care?Examples: no dutyStandard of care can vary with the actor and activityActor- higher standard for professionals; lower standard for young childrenActivities- higher standards for more dangerous activityA violation of that standard?Typically a fact question for a judge or jury to decide Negligence per say: when the act of the defendant violates a safety standard, sometimesthe jury only decides if there is a violation of the statute – automatically presumed to be negligenceExample: who ran a run light? Who breached a contract? Plumber doesn’t cap gas in the kitchen and causes an explosion; violated statute requiring him to check a meter before leaving to see if gas was leaking.AND (must have all 4 elements of proof)Causation of Damages?Cause in fact- negligence of defendant was an essential factor in the chain of events leading to the plaintiff’s injuryANDProximate cause- harm reasonably foreseeable to someone in the defendants position – not too remote in the chain of events (no superseding cause)Examples: Holding a bowling ball, gets hit by car, bowling bar goes into air and hits someone  foreseeable Defenses to NegligenceComparative NegligenceThe recovery of the plaintiff is reduced by the plaintiff’s percentage of fault in causing the damagesExample: Missouri systemContributory NegligenceThe recovery of the plaintiff is barred (prevented) by any negligence of the plaintiff in causing damages (four states and DC)Example: If the plaintiff is negligent, no recovery is possibleAssumption of RiskThe recovery of the plaintiff is barred if the plaintiff voluntarily encounters a known riskExample: center-fielder doesn’t call off outfielder and they collide-he assumed risk voluntarilyCompare to defense of consent in a battery caseImmunitiesSovereign immunity: can only sue the government if it gives you permission. (Traffic signals)Official Immunity: can only sue the government officials if the act complained of involvesa matter of policy and there was no malice by the official.Employer LiabilityEmployer is liable for the torts of an employee in the scope and course of employmentExamples:Wrongful repossession (conversion by a repo agent)Excessive force (battery) by a bouncerFalse imprisonment of a shoplifterNegligence by a truck driverStrict LiabilityDefinition Liability without faultNo need to prove an intentional or negligence actUltra Hazardous ActivityAn activity so abnormally dangerous that the actor is the guarantor of the safetyProducts LiabilityThe defendant marketed the product The product was unreasonably dangerous (defective) at the time it was sold.The plaintiff suffered physical injury as a result of the