FIN270: Chapter 10 - Torts Affecting Business Part 1

Tort

civil wrong that causes harm or injury other than a breach of contract

Tortious

the adjective form of tort used to describe conduct or behavior

Tortfeasor

the person or entity committing the tort

Tort law

Provides a remedy for violation of individuals’ personal and property interests

Defines causes of action

things a plaintiff must prove in order to obtain a remedy from a tortfeasor (Usually by a preponderance of the evidence)

Defines defenses

reasons asserted by a tortfeasor to avoid or reduce liability (Depend on the type of tort alleged)

Intentional torts

Wrong resulting from an intentional act of the tortfeasor

Negligence/unintentional torts

Wrong resulting from the tortfeasor’s unreasonable actions that unintentionally cause injury

Strict liability torts

Tortfeasor’s intent or carefulness is irrelevant

Intent

Intended the consequences of the intentional act or Knew with substantial certainty that consequences would result from the act

Assault

Causing reasonable anxiety or apprehension of imminent harmful or offensive contact

Battery

Harmful or offensive touching of another

Intentional infliction of emotional distress

Severe emotional injury from extreme and outrageous conduct

False imprisonment

Unjustified confinement or restraint of a nonconsenting person

Invasion of privacy

highly offensive invasion into area of reasonable expectation of privacy

Malicious prosecution

causing someone to be arrested, prosecuted, or sued without proper grounds

Conversion

wrongful possession of another’s property as if it were your own

Defamation

publication to a third-party of untrue statements that damages the character or reputation of the subject

Slander

oral publication

Libel

written publication

Fraud

knowing misrepresentation of a material fact with the intent to induce reliance, and the other person reasonably relies on the misrepresentation to their detriment

Trade libel

false statement disparaging the quality or reputation of another’s product or business

Tortious interference with

contractual and business relations

Contractual relations

inducing another to breach a contract

Business relations

unreasonable interference with another’s business