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 Intentional Negligence Strict liability © 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved. 2 Damages in Torts Cases Compensatory Pain and suffering Punitive © 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved. 3 Intentional Torts Assault Battery False imprisonment Intentional infliction of emotional distress Invasion of privacy Defamation of character 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 Elements of negligence Duty of care Breach of the duty of care Injury Causation and proximate cause Special negligence doctrines 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 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 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 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 Types of insurance Property Product liability Motor vehicle © 2005 West Legal Studies in Business, a division of Thompson Learning. All Rights Reserved. 10 Summary Three Types of Torts Damages in Tort Cases Intentional Torts Negligence 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