Chapter 4 - Intentional Torts & Torts Impacting Business.docx

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

Chapter 4Intentional TortsTorts Impacting Business A tort has likely been committed when one person harms another either intentionally or carelessly The Nature of Torts y A tort is committed when one person causes injury to another harming his or her person property or reputationit is a social or civil wrong that gives rise to the right to sue and to seek one of several remedies y Crimes are different from tortsharmful conduct so serious that it poses a threat to society generally is said to be criminal in natureThe goal in a criminal court is to punish the wrongdoer not compensate victim y A tort is considered a private matter where victim of the injurious conduct sues person responsible for injury y Torts differ from a breach of contractAn act that breaches a contract may not be inherently wrong but contractual relationship makes the violation of its terms unacceptableA tort however is inherently wrongful conduct thats either deliberate or falls below minimal social standard y Two major categories of tortious activity o Intentional acts o Unintentional negligent acts y Courts may grant o General damagescompensation for estimated future losses including future pecuniary losses loss of earning capacity and nonpecuniary losses pain suffering o Special damagesawarded to cover actual expenses and calculable pretrial losses o Punitive or exemplary damagesdesigned to punish wrongdoer and dont relate to the injury sufferedSupreme Court of Canada placed limit of 325000 on damages to compensate for pain and suffering and loss of enjoyment of lifey Vicarious Liabilityimposed on employers by torts an employee commits while at work 1
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