What is a tort? ( p. 132) ➢The law of torts permits individuals and companies to recover from others for wrongs committed against them. ➢Civil, or noncriminal, wrongs that are not breaches of contract are governed by tort law. ➢A tort is an interference with someone’s person or property.

Part 1 – Chapter 8: Torts (p. 131-152)

8.1. General Principles

8.2 Intentional Torts

8.3 Negligence

8.4 Strict Liability

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8.1. General Principles a. What is a tort? ( p. 132)

➢The law of torts permits individuals and companies to recover from others for wrongs committed against them.

➢Civil, or noncriminal, wrongs that are not breaches of contract are governed by tort law.

➢A tort is an interference with someone’s person or property.

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8.1. General Principles a. What is a tort? ( p. 132)

= +

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Tort Fault Damage

Causation

8.1. General Principles b. Tort & Crime Distinguished (p. 132)

➢A crime is a wrong that arises from a violation of a public duty and results in punishment for the individual who has committed the crime (imprisonment; fine; etc.).

➢A tort is a wrong that arises from a violation of a private duty and results in reparation of the damage.

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Tort = Violation of a

private duty

Crime = Violation of

a public duty

8.1. General Principles c. Types of Torts ( p. 132 – 133)

➢Intentional Tort = Intentional Fault + Damage

➢Non-intentional Tort = Non-Intentional Fault (Negligence) + Damage

➢Strict Liability = ____________ + Damage

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8.2. Intentional Torts (p. 132)

➢Intentional torts are those that occur when wrongdoers engage in intention conduct.

➢For example, sticking another person in a fight is an intentional act and would constitute the tort of battery if all the elements of tort are fulfilled.

➢Intentional Tort = Intentional Fault + Damage

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8.2. Intentional Torts (examples)

a. Assault (p. 134)

✓ It is an intentional conduct that threatens a person with a well-founded fear of imminent harm coupled with the present ability to carry out the threat of harm.

b. Battery (p. 134)

✓ It is the intentional wrongful touching of another person without that person’s consent.

c. False imprisonment (p. 134)

✓ It is the intentional detention of a person without that person’s consent.

d. Intentional Infliction of Emotional Distress (p. 135)

✓ It is a tort involving conduct that goes beyond all bounds of decency and produces mental anguish in the harmed individual.

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8.2. Intentional Torts (examples)

e. Invasion of Privacy (p. 136)

✓ It consists of different torts including : Public disclosure of private facts and Intrusion into the Plaintiff’s private affairs.

f. Defamation (p. 138)

✓ It is a false statement by one party about another to a third party. Slander is a spoken defamation. Libel is a false publication by writing, printing, picture or any fixed representation to the eye, which exposes any person to hatred or ridicule, or which has the tendency to injure the individual in his/her occupation.

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8.3. Negligence

➢Negligence is the failure to exercise due care under the circumstances in consequence of which harm is proximately caused to one to whom the defendant owed a duty to exercise due car.

➢Non-intentional Tort = Non-Intentional Fault (Negligence) + Damage

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8.3a.Elements of Tort of Negligence

1) Non-intentional mistake = Negligence

a) Duty to exercise reasonable care (p. 142)

✓The first element of negligence is a duty. There is a general duty of care impose to act as a reasonably prudent person would in similar circumstances.

b) Breach of Duty (p. 143)

✓The second element is the breach of the above duty. The defendant’s conduct is evaluated against what a reasonable person would have done under the circumstances.

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8.3a.Elements of Tort of Negligence

2) Proximate Causation (p. 143)

✓A third element of negligence is causation, the element that connects the duty and the breach of duty to the injuries of the plaintiff. The plaintiff should establish a proximate/direct causation. In other words, the harm suffered by the injured person should have been a foreseeable consequence of the negligent action.

3) Damages (p. 144)

✓The losses which allow compensation are 1) past and future pain and suffering 2) past and future physical impairment 3) past and future medical car and 4) past and future loss of earning capacity.

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8.4. Strict Liability

4.a . What is strict liability? (p. 148)

It is another type of tort that imposes liability without regard to whether there was any intent to harm of any negligence occurred. It is imposed without regard to fault.

Strict Liability = ____________ + Damage

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8.4. Strict Liability

4.b . Imposing strict liability (p. 148 – 149)

Strict liability is imposed in two main situations:

1) It is imposed because the activity involved is so dangerous that there must be full accountability. Nonetheless, the activity is necessary and cannot be prohibited. So the dangers of this activity and resulting damages are fully covered through the imposition of strict liability.

2) It is imposed in product liability. A product that is defective through its design, manufacture, or instructions and that injures someone results in strict liability for the manufacturer.

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Questions & Case Problems

Open Textbook on page 152 – Question No 12.

12. Hegyes was driving her car when it was negligently struck by …..

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BUS220_Sum20_IndividualAssignment_4.pdf

Individual Assignment 4

BUS 220: Business Law & Ethics

Guidelines

Semester: Summer 2020

2019-2020

Tort

Individual Assignment description:

This assignment is individual and should be submitted on Moodle – A maximum of 500

words (single space).

Students are expected to read the below case and answer the related questions:

The Case:

Dana is a taxi driver. She was requested to drive to school a little girl called Hanna. On the

way, she received a call from her sister who asked Dana to share with her a contact number.

While Hanna was busy on her phone, Dana went off the track and hit a wall right in front of

the school. Hanna, who was on the back seat, was heavily injured. She had a broken arm

and a broken leg and stayed at the hospital for one week. Hanna parents have paid USD 8,000

for her medical treatment. Few years later, Hanna wanted to join the University Basketball

team. After reviewing her medical history, the coach of the team advised against accepting

Hanna in the team because of her previous injuries. Hanna has explained that she had fully

recovered from that, however the coach stated that he wanted the team members’ to be

injuries’ free.

Hanna’s parents would like to sue Dana for reparation for the damages caused to their daughter

and are asking you the following:

a) Can they sue Dana for Hanna’s physical injuries (and the medical fees spent) based on the

tort of negligence? Please explain your answer by applying the conditions of the tort of

negligence (60 marks)

b) Hanna’s parents think that Hanna has lost the chance to join the basketball team because

of the accident and that Dana should also repair for that damage. Can they sue Dana based

on the tort of negligence for the loss of chance of joining the basketball team? Please

explain your answer by applying the conditions of the tort of negligence (40 marks)