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Ch 14.pptx
- 1. CHAPTER 14 Tort Lawand Product Liability, 14-1
- 2. Introduction • Torts arewrongful actions • Through tort law, society seeks to compensate those who have suffered injuries as a result of the wrongful conduct of others • Product liability is a major area of tort law under which sellers can be held liable for defective products • A growing body of law is designed to protect the health and safety and the credit of consumers 14-2
- 3. The Basis ofTort Law • Wrongs and Compensation • One Person or Group Brings Suit against Another – Obtain compensation (money damages) – Other relief for harm suffered • Purpose of Tort Law Is to Provide Remedies – Invasion of protected interests or rights • Elements of a Tort – Points that plaintiff must prove to succeed 14-3
- 4. Intentional Torts • RequiresIntent • Tortfeasor: The Person Accused – Intended the consequences of an act – Knew or should have known that certain consequences would result from an act • Fall into Two Categories – Against persons – Against property 14-4
- 5. Intentional Torts • IntentionalTorts against Persons – Assault • Act intended to cause an apprehension of harmful or offensive contact • Act caused apprehension in the victim that harmful or offensive contact is imminent 14-5
- 6. Intentional Torts • IntentionalTorts against Persons – Battery • An intent to cause an unwanted contact • The unwanted harmful contact • Compensation • Defenses to assault and battery – Consent – Self-defense – Defense of others – Defense of property 14-6
- 7. Intentional Torts • IntentionalTorts against Persons – False Imprisonment • Intent to confine or restrain a person • Actual confinement in boundaries not of the plaintiff’s choosing – Intentional Infliction of Emotional Distress • Outrageous conduct by the defendant • Intent • Severe emotional distress suffered by the plaintiff with the emotional distress being caused by the defendant’s conduct 14-7
- 8. Intentional Torts • IntentionalTorts against Persons – Defamation • Wrongfully harming a person’s good reputation – Slander: breaching this duty orally – Libel: breaching this duty in writing • The publication requirement • Defenses against defamation – Truth – Privileged communications – Made without actual malice 14-8
- 9. Intentional Torts • IntentionalTorts against Persons – Invasion of the right to privacy • Use of person’s name, picture, or likeness for commercial purposes without permission • Intrusion into person’s affairs or seclusion • Publication of information that places person in false light • Public disclosure of private facts about individual that ordinary person would find objectionable 14-9
- 10. Intentional Torts • IntentionalTorts against Persons – Appropriation • Use by one person of another person’s name, likeness, or other identifying characteristic without permission and for the benefit of the user 14-10
- 11. Intentional Torts • IntentionalTorts against Persons – Misrepresentation (fraud) • Intentional deceit for personal gain • Elements of fraud – Misrepresentation of facts or conditions with knowledge that they are false or with reckless disregard for the truth – Intent to induce another to rely on the misrepresentation – Justifiable reliance by the deceived party – Damages suffered as a result of the reliance – Causal connection between the misrepresentation and the harm suffered • Fact versus opinion 14-11
- 12. Intentional Torts • IntentionalTorts against Persons – Wrongful interference • Wrongful interference with a contractual relationship – Valid, enforceable contract exists between two parties – Third party knows that this contract exists – Third party intentionally causes either of the two parties to breach the contract 14-12
- 13. Intentional Torts • IntentionalTorts against Persons – Wrongful interference • Wrongful interference with a business relationship – Defendant knew or had reason to know that a third party and the plaintiff are in a business relationship – Defendant intentionally interfered in the relationship • Defenses to wrongful interference 14-13
- 14. Intentional Torts • IntentionalTorts against Property – Trespass to land • Trespass criteria, rights, and duties • Defenses against trespass to land – Trespass to personal property – Conversion 14-14
- 15. Negligence • Negligence occurswhen someone suffers injury because of another’s failure to live up to required duty of care • Elements – Defendant owed a duty of care – Defendant breached that duty – Plaintiff suffered a legally recognizable injury – Defendant’s breach caused the injury suffered 14-15
- 16. Negligence • The Dutyof Care and Its Breach – Reasonable person standard – The duty of property owners • Duty to business invitees • Open and obvious risks – The duty of professionals • Medical malpractice • Legal malpractice 14-16
- 17. Negligence • The InjuryRequirement and Damages – Legally recognizable injury – Clearly establish a basis for recovery – Compensatory damages • Compensate or reimburse for actual losses – Punitive damages • Punish the wrongdoer and deter others from similar wrongdoing 14-17
- 18. Negligence • Causation – Wrongfulactivity must have caused harm – Court must address two questions • Is there causation in fact? • Was the act the proximate cause of the injury? – Both must be answered in the affirmative for liability in a tort to arise 14-18
- 19. Negligence • Defenses toNegligence – Assumption of risk • Plaintiff voluntarily enters into a risky situation, knowing the risk – Superseding cause • Unforeseeable intervening event may break the connection between wrongful act and injury to another – Contributory and comparative negligence • Contributory: plaintiff was also negligent • Comparative: liability for injuries is shared proportionately by all parties who were guilty of negligence 14-19
- 20. Negligence • Special NegligenceDoctrines and Statutes – Negligence per se • Action or failure to act in violation of statutory requirement – Special negligence statutes • Good Samaritan statutes • Dram shop acts 14-20
- 21. Cyber Torts: Defamation Online •Liability of Internet Service Providers – Communications Decency Act – Internet service providers are not liable for defamatory statements • Piercing the Veil of Anonymity – ISPs can disclose personal information about their customers only when ordered by a court – Rights of plaintiffs are balanced against defendants’ rights to free speech 14-21
- 22. Strict Liability • LiabilityIs Imposed for Reasons Other Than Fault • Abnormally Dangerous Activities – Potential harm of a serious nature to persons and property – Involves a high degree of risk – Not commonly performed in the community or area • Basis of Liability – The creation of an extraordinary risk 14-22
- 23. Product Liability • Theoriesof Product Liability – Product liability based on negligence • Manufacturer fails to exercise due care to make product safe – Product liability based on misrepresentation • Manufacturer or seller misrepresents quality, nature, or appropriate use of a product – Strict product liability • Manufacturing defects • Design defects • Warning defects 14-23
- 24. Product Liability • Defensesto Product Liability – No duty to warn against obvious or commonly – known risks – Assumption of risk – Product misuse – Comparative negligence 14-24
- 25. Summary • Two notionsserve as the basis of all torts: wrongs and compensation. • A tort is a civil wrong. Torts fall into two broad classifications: intentional torts and negligence. • Intentional torts occur when the actor intended to perform an act that resulted in an injury to a protected right of another party 14-25
- 26. Summary • Negligence isthe careless performance of a legally required duty or the failure to perform a legally required act. • General tort principles are extended to cover cyber torts, or torts that occur in cyberspace, such as online defamation. • Under the doctrine of strict liability, a person or company may be held liable for damages or injuries caused by a product or activity. 14-26
- 27. Summary • The makersof products can be liable for injuries and damages caused by defective products. • Statutes, agency rules, and common law judicial decisions that serve to protect the interests of consumers are classified as consumer law.
Editor's Notes
- #4 Learning Objective: What a tort is, the purpose of tort law, and the basic categories of torts.
- #16 Learning Objective: The four elements of negligence.
- #23 Learning Objective: What is meant by strict liability and the underlying policy for imposing strict product liability.
- #25 Learning Objective: What defenses can be raised in product liability actions.