PowerPoint Slides to Accompany The Legal, Ethical, and

PowerPoint Slides to Accompany
The Legal, Ethical, and International
Environment 6E,
by Bohlman and Dundas
Chapter 8
Torts
© 2005 West Legal Studies in
Business, a division of Thompson
Learning. All Rights Reserved.
1
Three Types of Torts
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Intentional
Negligence
Strict liability
© 2005 West Legal Studies in
Business, a division of Thompson
Learning. All Rights Reserved.
2
Damages in Torts Cases
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Compensatory
Pain and suffering
Punitive
© 2005 West Legal Studies in
Business, a division of Thompson
Learning. All Rights Reserved.
3
Intentional Torts
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Assault
Battery
False imprisonment
Intentional infliction
of emotional distress
Invasion of privacy
Defamation of
character
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Fraud
Trespass to land
Trespass to personal
property
Conversion
Nuisance
© 2005 West Legal Studies in
Business, a division of Thompson
Learning. All Rights Reserved.
4
Negligence
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Elements of negligence
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Duty of care
Breach of the duty of care
Injury
Causation and proximate
cause
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Special negligence doctrines
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Res ipsa loquitor
Negligence per se
Dram shop acts
Social host liability
Guest statutes
Good Samaritan laws
Fireman’s rule
“Danger invites rescue”
doctrine
Liability of common carriers
and innkeepers
Liability of landowners
© 2005 West Legal Studies in
Business, a division of Thompson
Learning. All Rights Reserved.
5
Palsgraf v. Long Island Railroad Co.
Landmark Case
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The New York Court of Appeals held that a
plaintiff in a legal action for negligence must
show that the act had possibilities of danger
so many and apparent as to entitle him/her
to be protected from harm
In other words, the damages or injuries must
have been foreseen when there was a breach
of duty of reasonable care owed to the
plaintiff
© 2005 West Legal Studies in
Business, a division of Thompson
Learning. All Rights Reserved.
6
Strict Liability

Strict liability does not involve fault, but
rather liability for abnormally dangerous
activities where harm results or where
products liability is involved
© 2005 West Legal Studies in
Business, a division of Thompson
Learning. All Rights Reserved.
7
Business Torts
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
Wrongful interference with contractual
relations
Intellectual property infringements
© 2005 West Legal Studies in
Business, a division of Thompson
Learning. All Rights Reserved.
8
Types of Intellectual Property
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Copyright
Patent
Trademark
Service mark
Trade name
Trade secret
© 2005 West Legal Studies in
Business, a division of Thompson
Learning. All Rights Reserved.
9
Legally Speaking
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Types of insurance
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Property
Product liability
Motor vehicle
© 2005 West Legal Studies in
Business, a division of Thompson
Learning. All Rights Reserved.
10
Summary
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Three Types of Torts
Damages in Tort
Cases
Intentional Torts
Negligence
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Palsgraf v. Long
Island Railroad Co.
Strict Liability
Business Torts
Types of Intellectual
Property
Legally Speaking
© 2005 West Legal Studies in
Business, a division of Thompson
Learning. All Rights Reserved.
11