Chapter 4 - Business Law 2275

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Western University
Management and Organizational Studies
Management and Organizational Studies 2275A/B
Cristin Keller

Chapter 4Intentional Torts and Torts Impacting BusinessThe Nature of TortsA tort is a civil or social wrong that gives rise to the right to sue and to seek one of several remediesLaw of torts involves private disputes decided in the civil courtsA tort is committed when one person causes injury to another harming his or her person property or reputationTort aims to compensate victims deters the occurrence of such wrongful behavior and educates society by making someone payServes psychological function in providing some appeasement to those injured by wrongful conductTort law is continually evolvingCrimes harmful conduct that is so serious that it poses a threat to societyhappens in criminal court and the goal is to punish the wrongdoer not to compensate the victim is different from torts private matter where the victim of the injurious conduct sues the person responsible for the injuryWith many crimes victim has the right to sue for tort even if the prosecution results in an acquittal wrongful conduct is often both a crime and a tortMuch easier to successfully sue for tort because the standard of proof is based on a balance of probabilitiesBreach of contract an act that breaches a contract may not be inherently wrong but the contractual relationship makes the violation of its terms unacceptable differs from tortsTort is inherently wrongful conduct that is either deliberate or falls below a minimal social standardTwo categories of tortious activity intentional deliberate acts and unintentional or careless negligent actsWhen intentional the courts may be persuaded to grand punitive damages in addition to the more common general and special damages o General damages compensate for estimated future losses including both future pecuniary losses such as loss of earning capacity and nonpecuniary losses such as pain and suffering o Special damages are awarded to cover actual expenses and calculable pretrial losses o Punitive or exemplary damages are designed to punish the wrongdoer and do not related to the injury sufferedSupreme Court of Canada put an upper limit of 325000 on damages that can be awarded to compensate for pain and suffering and loss of enjoyment of lifeCourts may also order the return of property or grant an injunction to stop some offending activityVicarious liabilityan employer can be help liable for the tortious act an employee commits while at work o This liability is limited to torts committed while carrying out employment dutiesIntentional TortsTrespass to Person Assault and BatteryInvolves the intentional physical interference with another personAssaultfear of contactBatterysomeone intentionally makes unwanted physical contact with another personAssault can refer to both assault and batteryVerbal threats facetoface at a distance or online may constitute assaultThe anticipated contact might be anything from a physical blow to unwanted medical treatment to a kissThe right of each person to control his body and who touches it
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