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Chapter 10

Management and Organizational Studies 2275A/B Chapter Notes - Chapter 10 : Intentional Tort, Truck Driver, False Imprisonment


Department
Management and Organizational Studies
Course Code
MOS 2275A/B
Professor
Philip King
Chapter
10

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CHAPTER 10 INTRODUCTION TO TORT LAW
DEFINING TORT LAW
-Tort: any harm or injury caused by one person to another other than through breach of contract and
for which the law provides a remedy
-ex. Property damages, personal injury, damages to reputation
- provides a means whereby compensation (usually in the form of damages) is paid for to ppl who
are injured as a result of the actions of others
- When you break torts down into distinct categories this is what you get (briefly):
- Trespass to land: wrongful interference with someone’s possession of land.
- Ex. Parking in a parking garage without paying
- Deceit or fraud: a false representation intentionally or recklessly made by one person to another
that causes damages
- Ex. Selling someone a car by lying about its features
- Negligence: Unreasonable conduct including a careless act or omission that causes harm to
another
- Ex. When professionals give clients incompetent advice, when consumers purchase a defective
product
Tort provides remedy when someone has been physically or economically injured
- Objective: distinguish between situation which the loss suffered by injured individual
should remain uncompensated and one in which responsibility should be shifted to the
person considered responsible
- Ex. Truck driver that has heart problems that crashes vs. truck driver that fell asleep
HOW TORTS ARE CATEGORIZED
-Torts can generally be categorized as falling into two main groups: torts committed intentionally and
torts committed through negligence.
- intentional tort, is a harmful act that is deliberate or committed on purpose
- Ex. if store security personnel prevent a customer from leaving the premises because they
mistakenly believe she has shoplifted, the security guards have committed the tort of false
imprisonment. They’ve intentionally prevented the customer from going where she has a lawful
right to be.
- false imprisonment: unlawful detention or physical restraint or coercion by psychological means
- battery: intentional infliction of harmful or offensive physical contact
When someone is negligent, he is liable for damages even though he did not intentionally
cause the event in question
TORT LAW AND CRIMINAL LAW
-The same event can give rise to two distinct legal consequences: one in tort law and one in criminal law.
Purposes of the Actions
- The purpose of a criminal prosecution is to censure behaviour such as impaired
driving causing bodily harm - and secure the sanction of a fine, imprisonment, or both
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