Chapter 10: Torts Affecting Business

Question 1

Tort

Answer 1

A civil wrong other than breach of contract

Tort law limits how people act and use their resources

Question 2

Categories of Torts

Answer 2

International
Negligent
Strict Liability

Question 3

Intentional Tort Types

Answer 3

Deliberate action —> causes —> INJURY

either: 1. desire to bring about certain results 2. Results are substantially likely

ex: whipping a golf club around in a crowded place

Question 4

examples of torts

Answer 4

Assault and battery

Infliction of Mental Distress
- have to prove effects with doctor to prove this

Invasion of Privacy
- trespassing or refusing to leave or leaving runoff etc. (can be crime or tort)

False Imprisonment and Malicious
Prosecution

Trespass

Conversion

Defamation - public or private person

Fraud

Question 5

negligence

Answer 5

Unreasonable behavior that causes injury

Question 6

4 elements that lead to negligence

Answer 6

1. duty of care
2. Breach of Duty (unreasonable behavior)
3. Causation (fact and proximate)
4. Damages

Question 7

Proximate Causation

Answer 7

injury ‘in fact’ not sufficient

proximate cause = legal cause

Question 8

Negligence Defenses:

Answer 8

Affirmative Defenses

Assumption of Risk

Question 9

Affirmative Defenses

Answer 9

Contributory Negligence
- plaintiff’s own fault
- now offset by comparative responsibility

Question 10

Assumption of Risk

Answer 10

Plaintiff’s knowing and willing undertaking of an activity

Question 11

strict liability

Answer 11

unreasonably dangerous defective products

production defect
design defect
warning defect

Respondeat superior - scope of employment

Ultra hazardous activity

Question 12

Other strict liability torts:

Answer 12

Dram shop acts - tavern owner liable for intoxicated patrons

Common Carriers - damage to goods being transported, except:
- Acts of God
- Action of Alien Enemy
- Order of Public Authority
- Inherent Nature of Goods
- Misconduct of Shipper

Question 13

Compensatory Damages

Answer 13

compensate plaintiff for injuries suffered

types:
- past/ future medical expense
- past/ future economic losses
- past/ future pain suffering
- Calculation - Difficult

Question 14

punitive damages

Answer 14

used to punish defendant

negligent behavior “gross” or “willful and wanton”
a/k/a exemplary damages
available in torts but not in contracts