chapter 9 torts twomey, business law and the regulatory environment (14th ed.)

Chapter 9Chapter 9

TortsTorts

Chapter 9Chapter 9

TortsTorts

Twomey, Business Law and the Regulatory Environment (14th Ed.)

(c) 2000 West Legal Studies Chapter 9 2

Types of Torts Types of Torts [9-1][9-1]

INTENTIONAL

False imprisonment Intentional infliction

of emotional distress Invasion of privacy Defamation Product

disparagement Wrongful interference

with contracts Trespass Computer torts

NEGLIGENCE STRICT LIABILITY

Duty Breach of

duty Causation Damages

Inherently dangerous activities Product liability


Causal Relationships Forming Causal Relationships Forming the Basis of Tort Liability the Basis of Tort Liability [9-2][9-2]

Wrongful actof defendant

Proximate (immediate, substantially contributing)

cause of

Reasonablyforeseeable

cause of

Harmto plaintiff

Tort liabilityfor defendant

Interveningwrongful act

of third person

If foreseeable, resultsin liability for third

person as well as defendant

May break

causative chain


Type of Tort for Which Suit Is BroughtType of Tort for Which Suit Is Brought

Auto 60.1%

Premises liability 17.3%

Other negligence 5.9%

Medical malpractice 4.9%

Products liability 3.4%

Intentional injury 2.9%

Non-medical malpractice 1.8%

Toxic substance 1.6%

Unknown tort 1.2%

Slander/libel 0.8%Source: Wall Street Journal, August 21, 1995, © Dow Jones & Company


A tort is a civil wrong that affords recovery for damages that result. The three forms of torts are intentional torts, negligence, and strict liability. A tort differs from a crime in the nature of its remedy. Fines and imprisonment result from criminal violations, whereas money damages are paid to those who are damaged by conduct that constitutes a tort. An action may be both a crime and a tort, but the tort remedy is civil in nature.

Chapter 9 SummaryChapter 9 Summary


The intentional torts consist of false imprisonment, defamation, product disparagement, contract interference or tortious interference, trespass, and the computer torts. False imprisonment is the detention of another without his or her permission.

Chapter 9 Summary Chapter 9 Summary [2][2]


Because false imprisonment is often called the shopkeeper’s tort, as store owners detain suspected shoplifters, many states provide a privilege to store owners if they detain shoplifting suspects based on reasonable cause and in a reasonable manner. Defamation can be slander (oral) or libel (written) and consists of false statements about another that damage his or her reputation or integrity.



Truth is an absolute defense to defamation, and there are some privileges that protect against defamation, such as those for witnesses at trial and for members of Congress during debates on the floor. There is a developing privilege for employers when they give references for former employees. Invasion of privacy is intrusion into private affairs; public disclosure of private facts; or appropriation of someone’s name, image, or likeness for commercial purposes.



Computer torts are simply specialized applications of torts, as in privacy and trespass to property.

To establish the tort of negligence, one must show that there has been a breach of duty in the form of a violation of a statute or professional competency standards or of behavior that does not rise to the level of that of a reasonable person.



That breach of duty must have caused the injuries to the plaintiff, and the plaintiff must be able to quantify the damages that resulted. Possible defenses to negligence include contributory negligence, comparative negligence, and assumption of risk.



Liability for torts has been expanding in terms of the amounts awarded and the persons who can be held liable. Currently there are numerous statutes, decisions, and ballot propositions designed to reduce tort liability.


chapter 9 torts twomey, business law and the regulatory environment (14th ed.)

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