MGMT 200: Torts, Strict Liability + Products Liability

Tort

A breach of a legal duty that causes injury or damage to people or property.

Three categories of torts

Intentional torts, negligence, strict/products liability.

Compensatory damages

Damages that compensate the plaintiff for harm suffered.

Special damages

Quantifiable economic losses like medical bills or lost wages.

General damages

Non-economic damages such as pain and suffering or emotional distress.

Punitive damages

Damages meant to punish the defendant for wanton, willful, or reckless conduct.

Nominal damages

A small amount awarded when minimal harm is proven.

Intent

Desire that a result occurs or knowledge to a substantial certainty that it will occur.

Intentional torts to persons

Assault, battery, false imprisonment, IIED.

Assault

Intentional act causing reasonable apprehension of imminent harmful or offensive contact.

Battery

Intentional harmful or offensive touching without consent.

False imprisonment

Intentional confinement within fixed boundaries without consent.

IIED

Extreme and outrageous conduct causing severe emotional distress.

Trespass to chattels

Minor intentional interference with another's personal property.

Conversion

Major intentional interference with personal property; requires paying FMV.

Defamation elements

False statement, defamatory meaning, publication, about plaintiff, damages.

Slander

Spoken defamation requiring proof of special damages.

Slander per se

Oral defamation about profession, serious crime, loathsome disease, or unchastity.

Libel

Written defamation; general damages presumed.

Actual malice requirement

Needed for public figures or matters of public concern.

Actual malice

Knowledge of falsity or reckless disregard for the truth.

Four privacy torts

False light, public disclosure of private facts, commercial appropriation, intrusion.

False light

Widespread, highly offensive publication of false information.

Fraudulent misrepresentation

False material fact, scienter, intent, reliance, damages.

Intentional interference with contract

Existing contract, knowledge, inducement, breach, loss.

Negligence

Duty, breach, causation, damages.

Palsgraf rule

Duty owed only to foreseeable plaintiffs.

Reasonable person standard

How an ordinary prudent person would act.

Professional standard of care

Ordinary prudent professional in same or similar community.

Negligence per se

Statutory violation creating duty if statute protects class, injury type, intent.

Res ipsa loquitur

Accident implies negligence because it wouldn't occur otherwise.

Res ipsa elements

Injury doesn't occur absent negligence, exclusive control, no plaintiff contribution.

"But for" test

Injury would not have occurred without defendant's conduct.

Substantial factor test

Multiple tortfeasors each significantly contribute to harm.

Superseding cause

Unforeseeable intervening act cutting off liability.

Contributory negligence

Any plaintiff fault completely bars recovery.

Pure comparative negligence

Plaintiff recovers reduced by their percentage of fault.

Modified comparative negligence

Plaintiff recovers only if 50% or less at fault.

Express assumption of risk

Written or oral agreement to accept risk.

Implied assumption of risk

Plaintiff knew, appreciated, and voluntarily assumed risk.

Strict liability

Liability without fault for certain activities or products.

Domestic animals liability

Strict only if owner knows of dangerous propensity.

Wild animals liability

Strict liability for any harm caused.

Abnormally dangerous activity factors

High risk, great harm, unavoidable risk, uncommon, inappropriate location, utility vs risk.

Manufacturing defect

Product departs from intended design.

Design defect

Product risks outweigh benefits or exceed consumer expectations.

Warning defect

Missing or inadequate warnings about foreseeable risks.

Strict product liability defenses

Unforeseeable misuse, unforeseeable alteration, assumption of risk.

Strict products liability damages

Personal injury or property damage.

Negligence in products cases

Requires unreasonable conduct; damages include PI/PD.

Express warranty

Statement or promise about product performance or safety.

Implied warranty

Warranty of merchantability or fitness for a particular purpose.

Merchantability

Product fit for its ordinary intended purpose.