Business Law

Chapter 4 The Law of Torts

The law of torts is the concept of rights.

- Under the law, people are entitled to ______simply because they are ______.

These rights include:

1. the right to be free from ______

2. the right to enjoy a ______

3. the right to conduct business without ______

4. the right to have one’s ______free from ______

- All people have the duty to ______in any way

- All people have a duty to______given to others

Tort -one person’s interference with ______, either through intent, negligence, or strict liability

Difference between a ______and a______

- a crime is a wrong against the ______

- a tort is a wrong against an______

tortfeasor - a person who ______

- lawsuits are brought against tortfeasors ______to recover money as compensation for the______.

- ______prosecution is brought by the state to______wrongdoers and to ______

- a wrong can be both a ______

Intentional Tort - a wrong that occurs when a person ______the ______of his or her act.

The ______intentional torts

1. Assault - when one person ______another person into the reasonable belief that he or she is ______to be injured

- the assault occurs because the ______immediate bodily harm

Difference between the ______assault and the crime of ______

- tort - the victim ______that the tortfeasor has tried to harm him or her. ______, the victim has not been frightened, and ______has resulted.

- criminal law an assault is an ______. The victim ______of the attempt. Criminal law is to protect the public and to ______not ______victims. A criminal assault can be carried out against an ______victim.

2. Battery - the unlawful, ______of another person. The touching ______have to be harmful simply ______.

3. Trespass - a wrongful injury to or______with the______of another

- property refers to everything a person can ______- moveable and ______(real property). Real Property - land, things built on the land, or ______. The tort of trespassing refers to ______

4. Nuisance - anything that interferes with the ______or property

Ex.: loud noises at ______, noxious ______, ______or fumes coming from a nearby house

Public Nuisance - one that affects a ______of people (all the people in the ______)

Private Nuisance - affects ______only

5. Interference with ______relations - ______causing one person not to enter or to ______with another.

6. Deceit - ______or deceptive practice done with intent to______

7. Conversion - unauthorized______of personal property of another for the use of the ______

8. False ______(false arrest) - making an arrest without having ______or a warrant to arrest someone.

- most states have laws that allow ______and detectives to detain ______. They must have ______to suspect that shoplifting incident has occurred and must detain the suspect in a “______” manner and only for a “reasonable” length of time. Reasonable can be ______.

9. Defamation - wrongful act of injuring ______by making ______statements

2 categories - ______and ______

Libel - a ______in ______form that injures another’s ______or reflects negatively on that person’s ______

- includes: radio or television ______, ______recordings, movies, ______, signs, ______, and statues

- statements made by senators and ______on the floor of congress and statements made in court of law are______. Privileged speech is ______and is protected open debate of legislative and judicial matters.

- persons who are in the public ______(politicians, judges, entertainers, athletes) ______to their reputation than the average person. They also ______that the statements are false and made with actual ______.

Actual Malice - the statement was made either with the______that it was false or with a ______for whether it was true or false.

Slander - the same as libel except that the______is made orally to a ______

10. Invasion of privacy - interference with person’s right to ______

The Federal Privacy Act of 1974 - provides ______for individuals against the ______by agencies of the ______.

- also invasion of privacy to use an individual’s photograph, likeness, or name without permission for ______.

11. Misuse of legal procedure - bringing of ______with malice and without ______

12. Infliction of emotional distress - ______or ______causing emotional ______to others

Unintentional Tort - lacks the ______

Negligence - the failure to exercise the______that a reasonable person would have exercised in the same circumstance.

Elements of Negligence - ______

1. the defendant owed the plaintiff a Duty of Care - because each of us in this society has ______, the rest of us have the duty ______

______

2. Breach of Duty - the defendant failed to ______person would have and therefore, did not use the ______under the circumstances.

3. the breach of duty by the defendant was the______of the injury to the plaintiff. Proximate Cause - something that produces a ______, and without which, the result would not have______.

4. The plaintiff suffered some ______or injury. ex.: physical injuries, property ______or financial loss

Defenses to Negligence

- Elimination of one of the ______

- ______, ______, or ______

Contributory Negligence - negligence on the part of the plaintiff that assisted in ______- no matter how slight the ______was

(most states have dropped this as a______)

Comparative Negligence - the negligence of each party is compared - the amount of the______is reduced by the ______of his or her negligence.

(plaintiff’s negligence______, recovers nothing)

Assumption of Risk - If the ______can show that the plaintiff knew of the ______involved and still took the ______of being injured.

Strict Liability - applies only to ______activities (no amount of care will ______the risk)

Ex.: using ______, keeping wild ______, and storing highly ______liquids in densely populated areas

Survival and ______Death Statutes

Survival statues allow a lawsuit to be brought even if both the plaintiff and the defendant are ______.

- suits are brought or defended by a ______

Wrongful death Statutes - preserve the______affected by the death of a person to bring a lawsuit.

- only if the death caused by the______or the intentional conduct of the ______

- usually limited to: ______

Remedies for Torts

In some cases money will not repay the for the damage

Injunction - a court order issued by a judge to do or not to do something

- issued when money damages______repay the injured party