Torts and cyber torts involve both intentional and unintentional civil wrongs that result in harm. Intentional torts include assault, battery, false imprisonment, infliction of emotional distress, defamation, and invasion of privacy. Negligence involves harm from careless behavior that results in foreseeable risk of injury. Key elements of negligence include duty, breach, causation, and damages. Emerging cyber torts apply traditional tort doctrines to modern technologies and include issues like defamation online, liability of internet service providers, and spam regulation.
Law of negligence is one of the most important branch of tort law, deals with the various aspects of negligence between the professional's and the layman.
Law of negligence is one of the most important branch of tort law, deals with the various aspects of negligence between the professional's and the layman.
Presentation on Negligence
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
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Website: www.lawlaboratory.in
Chapter 7 – Negligence and Strict LiabilityUAF_BA330
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
Legal Concepts Of Liability Insurance 2010Annette Ardler
THis course addresses liability insurance and the legal concepts associated with it. During the course, students will gain an understanding of the following concepts: Four Types of Exposures: Test for Negligence; Defense and Conditions for Negligence; Duty to Defend; Claims Settlement and Payments by Policy Structure
What Is Personal Injury? A Great Slideshow from Deanza.eduCasey Meraz
Have you ever wondered what personal injury actually is? Check out this deck from http://www.Deanza.edu and learn more!
This was uploaded by http://www.RobertReevesLaw.com
The Reeves Law Group
515 South Flower Street, 36th Floor
Los Angles, CA 90071
(213) 271-9318
Other Meeting Locations
The Reeves Law Group 1 World Trade Center #800, Long Beach, California 90831 (562) 528-3135
The Reeves Law Group 198 N Arrowhead Ave, San Bernardino, CA 92408 92408 (909) 657-0576
The Reeves Law Group 4900 California Ave B210, Bakersfield, California 93301 (661) 202-3056
The Reeves Law Group 28202 Cabot Rd #300, Laguna Niguel, CA 92677 (949) 614-1142
The Reeves Law Group 300 Esplanade Drive #900, Oxnard, CA 93030 (805) 367-3414
The Reeves Law Group 3890 11th St, Riverside, California 92501 (951) 324-5174
The Reeves Law Group 3350 Shelby St #200, Ontario, California 91764 (909) 563-8162
The Reeves Law Group 200 W Santa Ana Blvd #630, Santa Ana, California 92701 (714) 550-6000
The Reeves Law Group 21250 Hawthorne Blvd #700, Torrance, California 90503 (310) 893-1742
Home Inspector's Insurance & Risk Management - July 19, 2013Gerald Brunker
Home Inspector professional liability, general liability and other applicable insurances for home inspectors. Risk management tips and hints and home inspector claim information.
Presentation on Negligence
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
Chapter 7 – Negligence and Strict LiabilityUAF_BA330
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
Legal Concepts Of Liability Insurance 2010Annette Ardler
THis course addresses liability insurance and the legal concepts associated with it. During the course, students will gain an understanding of the following concepts: Four Types of Exposures: Test for Negligence; Defense and Conditions for Negligence; Duty to Defend; Claims Settlement and Payments by Policy Structure
What Is Personal Injury? A Great Slideshow from Deanza.eduCasey Meraz
Have you ever wondered what personal injury actually is? Check out this deck from http://www.Deanza.edu and learn more!
This was uploaded by http://www.RobertReevesLaw.com
The Reeves Law Group
515 South Flower Street, 36th Floor
Los Angles, CA 90071
(213) 271-9318
Other Meeting Locations
The Reeves Law Group 1 World Trade Center #800, Long Beach, California 90831 (562) 528-3135
The Reeves Law Group 198 N Arrowhead Ave, San Bernardino, CA 92408 92408 (909) 657-0576
The Reeves Law Group 4900 California Ave B210, Bakersfield, California 93301 (661) 202-3056
The Reeves Law Group 28202 Cabot Rd #300, Laguna Niguel, CA 92677 (949) 614-1142
The Reeves Law Group 300 Esplanade Drive #900, Oxnard, CA 93030 (805) 367-3414
The Reeves Law Group 3890 11th St, Riverside, California 92501 (951) 324-5174
The Reeves Law Group 3350 Shelby St #200, Ontario, California 91764 (909) 563-8162
The Reeves Law Group 200 W Santa Ana Blvd #630, Santa Ana, California 92701 (714) 550-6000
The Reeves Law Group 21250 Hawthorne Blvd #700, Torrance, California 90503 (310) 893-1742
Home Inspector's Insurance & Risk Management - July 19, 2013Gerald Brunker
Home Inspector professional liability, general liability and other applicable insurances for home inspectors. Risk management tips and hints and home inspector claim information.
Information on avoiding slander and libel claims. Provides a general overview of the law of defamation and invasion of privacy, with tips to avoid such claims.
law of trots syllabus for 1st sem. Rai university
Introduction to law of trot
Negligence, Nuisance & Nervous Shock
Defamation, Trespass, Malicious Prosecution
Strict, Absolute & Vicarious Liability
Aqulian action in roman dutch law of delict a general discussionMangala Wijesinghe
A delict may be defined as the breach of a duty imposed by law independent of the will of the party bound which will ground an action for damages by any person to whom the duty was owed and who had suffered harm in consequence of the breach. The Aquilian Action (actio aquiliae or lex aquilia) of Roman Dutch Law of Delict gives a general remedy for wrongs caused to interests of subjects to claim compensation for the patrimonial loss sustained.
Actio Injuriarum in Roman Dutch Law of Delict: Elements of LiabilityMangala Wijesinghe
The actio injuriarum of Roman Dutch Law of Delict gives a general remedy for wrongful invasion of personal rights with regard to dignity and reputation made intentionally. The two essential elements of liability in the actio injuriarum are an act by the defendant constituting an impairment of the plaintiff’s personality and wrongful intent or animus injuriandi on the part of the defendant.
Course ResourceDualplex 360
Notice: Contains confidential information.
Colossal Corporation maintains a subsidiary in Serafini, a small country in Eastern Europe. This subsidiary is incorporated in the state of Delaware as New Brand Design, Inc. (NBD), a company that designs, brands, and manufactures innovative electronic products, and markets and distributes them for resale across the globe. NBD has been admitted to conduct business in Serafini.
NBD has been manufacturing and distributing a laptop computer with 360-degree technology. The thin tablet can easily convert into a laptop by flipping the screen over and locking it in place against the back of the keyboard. The laptop, marketed under the name Dualplex 360 is very popular and is distributed primarily in Western Europe, North America, and South Africa.
The Dualplex 360 went on the market six months ago, and the product is selling out in the United States and Europe. Unfortunately, consumers have reported that some laptops that were shipped to the United States have overheated and ignited when they have remained plugged into a power source for too long. In a few cases, the laptops have burned users and damaged property.
NBD’s research and development team was fully aware of the overheating problem when putting the Dualplex 360 on the market but performed a cost-benefit analysis and determined that the payouts from lawsuits would be less than the cost of redesigning and manufacturing a new laptop. The research and development team covered up the defect but included the following disclaimer in the instruction manual:
DO NOT LEAVE THE DUALPLEX 360 PLUGGED IN TO A POWER SOURCE AFTER THE BATTERY IS FULLY CHARGED. SELLER EXPLICITLY DISCLAIMS ALL WARRANTIES. SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. NOR IS THERE ANY OTHER EXPRESS OR IMPLIED WARRANTY.
The instruction manual contained no other warnings regarding the possibility of overheating or danger. To date, all instances of overheating have resulted from consumers ignoring the warning and leaving their computers plugged in after the battery is fully charged, although some claim they never read the instruction manual so did not see the warning.
The executive board of NBD has reached out to the CEO of Colossal to discuss these issues and the potential that NBD will be held liable for the overheating laptops and resulting injuries and damage to property. The CEO informed the board that the company’s international task force will research and address these concerns.
Learning ResourceFraud and Negligence Torts
Types of Torts
There are three broad categories of torts:
· intentional torts—Intentional torts, as the name implies, are characterized by the mental intent of the tortfeasor. The tortfeasor undertakes an activity with either the desire to bring about an intended result or with the knowledge that the result is “substantially certain." When the action results in an identifiable harm or loss to a third .
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
1. Torts and Cyber Torts
BASIS OF TORT LAW
Doing business today involves risks, both legal and financial.
A tort is a civil injury designed to provide compensation for injury to a legally protected,
tangible or intangible, interest.
There are intentional and unintentional (negligence) torts.
Intentional Torts against Persons and Business Relationships
The person committing the tort, the: Tortfeasor or Defendant must “intend” to commit the
act.
Intend means:
Tortfeasor intended the consequences of her act; or she knew with substantial certainty that
certain consequences would result.
Types of Intentional Torts
Assault and Battery.
False Imprisonment.
Infliction of Emotional Distress.
Defamation.
Invasion of Privacy.
Business Torts.
Assault and Battery
ASSAULT
Is an intentional, unexcused acting that:
Creates a reasonable apprehension of fear, or immediate harmful or offensive contact.
NO CONTACT NECESSARY.
BATTERY
Battery is the completion of the Assault.
Intentional or Unexcused.
Harmful, Offensive or Unwelcome.
Physical Contact.
Defenses to Assault & Battery
Consent.
Self-Defense (reasonable force).
Defense of Others (reasonable force).
Defense of Property.
False Imprisonment
False Imprisonment is the intentional:
2. Confinement or restraint.
Of another person’s activities.
Without justification.
Merchants may reasonably detain customers if there is probable cause.
Intentional Infliction of Emotional Distress
An intentional act that is:
Extreme and outrageous, that Results in severe emotional distress in another.
Most courts require some physical symptom or illness.
DEFAMATION
Right to free speech is constrained by duty we owe each other to refrain from making false
statements.
Orally breaching this duty is slander; breaching it in print or media is libel.
Gravamen of defamation is the “publication” of a false statement that holds an individual up
to hatred, contempt or ridicule in the community.
Publication requires communication to a 3rd
party.
Damages for Libel
General Damages are presumed; Plaintiff does not have to show actual injury.
General damages include compensation for disgrace, dishonor, humiliation, injury to
reputation and emotional distress.
Damages for Slander
Rule:
Plaintiff must prove “special damages” (actual economic loss).
Exceptions
For Slander Per Se. No proof of damages is necessary:
Loathsome disease,
Business improprieties,
Serious crime,
Woman is non-chaste.
Defenses to Defamation
Truth is generally an absolute defense.
Privileged (or Immune) Speech.
Absolute:
Judicial & legislative proceedings.
Qualified:
Employee Evaluations.
Defamation-Public Figures
Public figures exercise substantial governmental power or are otherwise in the public
3. limelight.
To prevail, they must show “actual malice”: statement was made with either knowledge of
falsity or reckless disregard for the truth.
Invasion of Privacy
Every person has a fundamental right to solitude freedom from public scrutiny.
Use of Person’s Name or Likeness.
Intrusion on Individual’s Affairs or Seclusion.
Publication of Information that Places a Person in False Light.
Public Disclosure of Private Facts.
Appropriation
Use of another’s name, likeness or other identifying characteristic for commercial purposes
without the owner’s consent.
Fraudulent Misrepresentation
Fraud is intentional deceit. Elements:
Misrepresentation of material fact
Intent to induce another to rely
Justifiable reliance by innocent party
Damages as a result of reliance
Causal connection.
Fact vs. Opinion.
WRONGFULINTERFERENCE
Tort that interferes with a contractual relationship.
Occurs when:
Defendant knows about contract between A and B;
Intentionally induces either A or B to breach the contract; and
Defendant benefits from breach.
Case 5.1:Mathis v. Liu (2002).
Wrongful Interference
With a Business Relationship occurs when:
Established business relationship;
Tortfeasor, using predatory methods, causes relationship to end; and
Plaintiff suffers damages.
Bona fide competitive behavior is a defense to this tort.
Intentional Torts to Property
Trespass to land occurs when a person, without permission:
Physically enters onto, above or below the surface of another’s land; or
Causes anything to enter onto the land; or
Remains, or permits anything to remain, on the land.
4. Intentional Torts to Personal Property
Trespass to personal property is the Intentional interference with another’s use or
enjoyment of personal property without consent or privilege.
Disparagement of Property.
Slander of Title or Quality.
NEGLIGENCE
Tortfeasor does not intend the consequences of the act or believes they will occur.
Actor’s conduct merely creates a foreseeable risk of injury. Analysis:
Defendant owed Plaintiff a duty of care;
Defendant breached that duty;
Plaintiff suffered legal injury;
Defendant’s breach caused the injury.
Duty of Care
Defendant owes duty to protect Plaintiff from foreseeable risks that Defendant knew
or should have known about.
Courts use reasonable person standard (jury) to determine whether duty exists.
Duty of Landowners to invitees.
Case 5.2: Martin v. Wal-Mart Stores, Inc. (1999).
Duty of Care: Foresee ability
The consequences of an act are legally foreseeable if they are consequences that typically
occur in the course of event.
Whether an act is foreseeable is generally considered a matter of fact determined by the
reasonable person standard (jury).
Duty of care varies, based on the Defendant’s occupation, relationship to Plaintiff.
Professionals may owe higher duty of care based on special education, skill or intelligence.
Breach of duty is called professional malpractice.
INJURYAND DAMAGES
To recover, Plaintiff must show legally recognizable injury.
Compensatory Damages are designed to reimburse Plaintiff for actual losses.
Punitive Damages are designed to punish the tortfeasor and deter others from wrongdoing.
Causation
Even though a Tortfeasor owes a duty of care and breaches the duty of care, the act must
have caused the Plaintiff’s injuries.
Causation in Fact, and
Proximate Cause.
Case 5.3:Palsgraf v. Long Island RR Co. (1928)
5. Causation in Fact
Did the injury occur because of the Defendant’s act, or would the injury have occurred
anyway?
Usually determined by the “but for” test, i.e., but for the Defendant’s act the injury would not
have occurred.
Proximate Causation
An act is the proximate (or legal) cause of the injury when the causal connection between
the act and injury is strong enough to impose liability.
Foresee ability of injury is an important factor.
Think of proximate cause as an unbroken chain of events.
Defenses to Negligence
Assumption of Risk.
Superseding Intervening Cause.
Contributory or Comparative Negligence.
Assumption of Risk
Plaintiff has adequate notice and understanding of the risks associated with an activity.
He knowingly and willingly engages in the act anyway.
Plaintiff, in the eyes of the law, assumes the risk of injuries that fall within the scope of the
risk understood.
Case 5.4: Crews v. Hollenbach (1999).
Superceding Cause
An unforeseeable, intervening act that occurs after Defendant’s act that breaks the causal
relationship between Defendant’s act and Plaintiff’s injury relieving Defendant of liability.
If the intervening act was foreseeable, however, Defendant may be liable for Plaintiff’s
injuries.
Contributory Negligence
Under common law, if Plaintiff if any way caused his injury, he was barred from recovery.
Most states have replaced contributory negligence with the doctrine of comparative
negligence.
The operative concept in comparative negligence is that one cannot recover from another
for any injuries one has caused to oneself.
Comparative Negligence
In determining liability, the amount of damages a Plaintiff causes to herself are subtracted
from the amount of damages suffered by the Plaintiff and only the remainder is recoverable
from the Defendant.
However, if Plaintiff is more than 50% liable, she recovers nothing.
Special Negligence Doctrines
6. Res Ipsa Loquiter.
Negligence Per Se occurs when Defendant violates statute that causes injury to Plaintiff:
Statute sets out standard of care.
Plaintiff is member of class intended to be protected by statute.
Statute designed to prevent Plaintiff’s injury.
Special Negligence Statutes
“Danger Invites Rescue” Doctrine.
Good Samaritan Statutes.
Dram Shop Acts.
CYBER TORTS
Defamation Online.
Liability of ISP’s.
Piercing the Veil of Anonymity.
Spam.
Trespass to Personal Property.
Statutory Regulation of Spam.