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