Business_Law-_Torts

Intentional tort- The defendants are liable if an action is intentional .They are liable for the intentional tort of battery. Under this doctrine, the law transfers the perpetrator’s intent from the target person to the actual victim of the act. Merchant Protection Statue - this statuatory “shopkeeper’s privilege” permits merchants to stop, detain and investigate suspected shoplifters without being held liable for false imprisionment if (1) there are reasonable grounds for the suspicion, (2) the suspect is only detained for a reasonable time, and (3) the investigation is conducted in a reasonable manner. Trespass – The fact that someone is acting unlawfully while intruding does not justify use of an object intended to injure unless other circumstances are presented. Assault (can be crime and tort)- Generally, a person commits criminal assault if he purposefully, knowingly, or recklessly inflicts bodily injury upon another; if he negligently inflicts bodily injury upon another by means of dangerous weapon; or if through physical menace, he places another in fear of imminent serious bodily injury . A person commits tortious assault when he engages in "any act of such a nature as to excite an apprehension of battery [bodily injury] Battery is An act which, directly or indirectly, is the legal cause of a harmful contact with another's person makes the actor liable to the other, if:(a) the act is done with the intention of bringing about a harmful or offensive contact or an apprehension thereof to the other or a third person, and(b) contact is not consented to by the other or the other's consent there to is procured by fraud or duress, and (c) the contact is not otherwise privileged. Negligence – the law provides that in order for a defendant to be held liable for negligence, he must owe the plaintiff a duty of care and must breach this duty. • Duty of care -is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. • Breach of Duty Once it is established that the defendant owed a duty to the plaintiff/claimant, the matter of whether or not that duty was breached must be settled • contributory negligence is a defense because it destroys the plaintff's ability to recover for her injury. However, comparative negligence is not a defense. In a jurisdiction that uses comparative negligence, the plaintiff may recover provided that her actions do not meet a certain threshold. Causation – a person who commits a negligent act is not liable unless this act was the actual cause and proximate cause of the plaintiff’s injuries. Actual cause is measured by the “but for” test, which may be stated as follows: the defendant’s conduct is not a cause of the event if the event would have occurred without it. The law establishes a point along the damage chain after which a negligent party is no longer responsible for the consequences of his negligent act. This limitation on liability is referred to as proximate cause or cause in foreseeability. Negligence per se – In a negligence per se action, the plaintiff must prove (1) that a statue existed, (2) the statue was enacted to prevent the type of injury suffered, and (3) the plaintiff was within the class of personas to be protected by the statue. Under the negligence per se doctrine, the injury party does not have to prove the plaintiff breached his duty because the statue establishes that. Liability of landowners- generally, landowners owe a duty of ordinary care to invitees and licensees, but only a duty to not wantonly and willfully injure trespassers.(someone ridiing a bike in my land) Liability of common carriers - is a person or company that transports goods or people for any person or company and that is responsible for any possible loss of the goods during transport. A common carrier holds itself out to provide service to the general public without discrimination. Common carriers have dutie of care and must protect people and goods. Imposing this duty on public carriers is not unreasonable, since they have many methods that may be employed to protect passengers. There is a special relationship between the carrier and the passenger because bus passengers are “sealed in a moving stell cocoon”, have no control over who is admitted onto the bus, and are wholly dependent on the bus driver to summon help or provide a means of escape when a occasion arises where such assistance is necessary. Emotional distress- to be successful in a law suit for negligent infliction of emotional distress, the plaintiff must prove that 1) a relative was killed or injured by the defendant 2) the plaintiff suffered severe emotional distress and 3) the plaintiff’s mental distress resulted from a sensory and contemporaneous observance of the accident. (truck hitting and killing a passenger of my car). Defense – a defendant may raise a defence (or defence) in an attempt to avoid criminal or civil liability. Besides contesting the accuracy of any allegation made against him or her in a criminal or civil proceeding, a defendant may also make allegations against the prosecutor or plaintiff or raise a defence, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Business Ethics