MGMT 311 Chapter 6

compensatory damages

compensatory damages

A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party.

punitive

punish the defendant/wrong doer and deter others; only reserved for truly egregious behavior or reprehensible behavior.

Usually involving intentional torts

torts

A civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another.

legislatvie caps

some states have limited the amount of damages (both punitive and general) that can be awarded for various claims

The tortfeasor

the one committing the act

general damages

nonquantifiable loss. Pain & suffering; physical & emotional damage; loss of companionship; loss of consortium; disfigurement; loss of reputation

special damages

quantifiable loss. Lost wages; medical expenses; replacement items

comparative negligence

who was most at fault for the injury

battery

unexcused and harmful or offensive. physical contact intentionally performed. Physical injury not needed

false imprisonment

is the intentional confinement or restraint of another’s person’s activity without justification.

Could involve physical barriers, physical restraint; or threats of physical violence

Common issue-shoplifter

Intentional Infliction of Emotional Distress

acts that are so extreme and outrageous resulting in emotional distress

May be protected by free speech

Defamation

involves the wrongful hurting of one’s character or reputation

Libel- when done in written format

Slander- when done orally

transferred intent

when an individual intends to hurt one person but unintentionally hurts someone else

Throwing a punch, at person A but missing and striking person B

publication requirement

the statements need to be communicated to another person

3rd party merely by chance overhears the statement-probably not actionable (no publication)

Restating a publication can be actionable against both individuals

Watch for Retweets and forwarding emails

Libel

(written)- if established general damages are presumed as a matter of law

Individuals can be compensated for nonspecific harms

Disgrace or dishonor; humiliation; emotional distress;

Need NOT show harmed in a specific way

slander

(spoken)- the plaintiff must establish special damages to recover

Must show actual economic harm or $ loss

slander per se

is an exception to the proving special damages

statement of fact

general legal issue is the statement fact or opinion?

Opinions generally protect under the 1st Amendment

Mike is cheater, Liar, and a criminal

I think Mike is a jackass

slander per se circumstances

A person has a “loathsome disease”

Sexually transmitted disease

A person has committed improprieties while engaged in a profession or trade;

A person has committed or has been imprisoned for a serious crime; or

A person is promiscuous

false light

publication of information that places an individual in false light

Appropriation of identify

using a person’s name, image, or likeness for commercial purposes without permission

Hiring a look like for advertising purposes

Misrepresentation

leads one to believe in a condition that is different from the condition that exists

Fraudulent misrepresentation

involves intentional deceit for personal gain:

Negligent Misrepresentation

no knowledge of the falsity

Puffery

(seller’s talk)- requires knowledge of untruth

Malicious Prosecution

if party sues with malicious and without a legitimate legal reason and loses, they can be sued

Abuse of Process

is using the legal process against someone outside of the intended purpose as a form of punishment/harassment

Business torts

Involve wrongful interference with another’s business rights

Interference with a Business Relations

unreasonably interfering with another’s business to gain a great market share.

liability for harm

under common law liable for harm caused to the land & the trespasser could not sue the owner if injured

Trespass to Chattel

- is when an individual wrongfully takes or harms the personal property of another or interferes with its use and enjoyment

conversion

any act that deprives an owner of personal Property w/out the owners permission

Slander of Quality

publication of false information about another’s product or alleging it cannot perform as the owner claims.

Slander of Title

when a publication falsely denies, or casts doubt on the another’s legal ownership of the property.

Negligence

occurs when someone is injured because of another’s failure to live up to a duty of care.

Reasonable Person Standard

the Court ask how would a reasonable person acted in the same circumstances

Duty of Landowners

landowners are expected to exercise reasonable care to protect individuals coming onto their land

Duty to Warn

Business owners have a duty to exercise reasonable care to protect customers or business invitees.

The Duty of Professionals

people who possess a superior knowledge, skill, or training are held to a higher standard of care

Proximate Cause

looks what was foreseeable

It asks the question whether or nor the injuries sustained were foreseeable or were to remotely connected to the incident to trigger liability

Causation in fact

but for test

Cause and effect- did the bad act cause the injury or would it have happened any way

Good Samaritan Laws

protect individuals from liability who aid voluntarily

These laws were passed to protect medical professional who volunteer in emergency situations

Dram Shop Acts

Bar owners and bartenders liable when intoxicated individuals cause injuries

A plaintiff must show:

Duty, Breach, Causation, Damages

Contributory Negligence

When an injured party is in any way negligent for the accident they suffered, they cannot recover damages

Superseding Cause

unforeseen intervening event

Example-just before after libelous statement is published plaintiff dies

Comparative Negligence

each is assessed relative negligence