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Bus 393 - Lecture 2

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Business Administration
BUS 393
Colin Hawes

BUS 393 September 17, 2010 Lecture 3 Torts Colin Hawes Torts, General  Tort: A civil or social wrongdoing; Committed when one person causes injury to another, harming his (106) 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  Refer to table 4.1, page 127  Intentional Torts: The conduct itself was willful, opposed to accident (108)  Assault and Battery (Trespass to Person)  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  Can also be indirect: Throwing stuff into other’s land  Continued Trespass: A permanent incursion into the property of another  Occupiers can have trespassers apprehended and fined  Trespassers have no claim on owners if owners did not willfully or recklessly cause harm  Defenses: No control, people in official capacity (cops, mailmen)  Trespass to Chattels: Any direct intentional interference causing damage to the goods of another  Conversion: Any act where someone treats the property of another as their own  If you buy stolen goods, the rightful owner can sue you  Monetary value set at when the item was stolen  Detinue: Where defendant may have come into possession of item legally, but is now, after a proper request, refusing to return them  False Imprisonment: Restraint without lawful excuse  The person’s freedom to go where he pleases must be totally restrained  And, restraint must be unlawful  Malicious Prosecution: Where charges are unjustifiably laid  Prosecutors who have chosen to ignore important evidence or complainants have lied or manufactured evidence used to improperly support the charges  Private Nuisance: Use of private property which interferes with neighbor  Property is being used in an unusual o
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