BUS 393 Lecture Notes - Nuisance, Vicarious Liability, Detinue
Document Summary
Tort: a civil or social wrongdoing; committed when one person causes injury to another, harming his or her person, property or reputation. A tort is different from a crime, where crime is harmful conduct so serious that it poses as a threat to society. A tort is also different from a breach of contract, where the party may not be inherently wrong in breaching the contract, but that it is unacceptable in the contract. Vicarious liability: where the employer may be liable for employee"s torts. Intentional torts: the conduct itself was willful, opposed to accident. Assault: conduct that makes a person think he is about to be struck. Battery: when one person makes unwanted physical contact with another. Punches to kisses to medical operations, anything involving contact. Defenses: informed consent (people must know what they are consenting to), self-defense (reasonable force permitted to defend self) Trespass to land: on land without authority.