¶ … torts that have been developed in order foster the understanding of various civil wrongs when one is engaging in a business practice. These include the intentional, strict liability, and negligence torts. The torts have been classified according to the contextual framework by which they were committed. The following definitions have been widely accepted to define the different types of torts in business law.
An intentional Tort
An intentional tort is a civil wrong that is said to be conducted by an offender who did the act intentionally leading to damage of another person or party. This may include torts like striking a person in a car, which may be termed as a battery tort (Allen, 2011).
Negligence Tort
Negligence tort is a civil wrong involving a person engaging in a civil offense due to negligence. In many cases, it involves a person engaging in a careless act that led to damages to another party. In this tort, liability arises when the court proves that the defendant is negligent or intended to cause harm to the plaintiff (Dempsey, 2011).
1.3 Strict Liability Tort
This civil wrong takes place where the accused had no intention to cause harm or be negligent. This tort is common in the society, such as, when a contractor's act of using dynamite that causes debris to be thrown to another house causing damages of the house. Liability arises from the fact that the society feels it is a dangerous activity and must be punished (Allen, 2011).
2. Describe elements prove defenses
The courts examine various elements in order to prove that a civil act falls in a given tort category. These elements provide a background against which a civil act may be classified and for judgments to be made against the given tort. The elements are used as checklist factors to establish the tort type that has taken place and every tort is classified from these elements....
Most importantly, these are the harm to reputation and false facts. Two subchapters are allocated to each of these aspects, with the chapter concluding with the description of different defenses and damages and other remedies. Chapter 9 discusses the issue of the wrongful invasion of privacy. Several potential cases of invasion of privacy are introduced, such as the public disclosure of private facts, the appropriation of the plaintiff's name or
Tort Exam Barnaby Willows owns a small boutique petting zoo in downtown Sydney. This petting zoo harbors two of each kind of local species of animal. The zoo is open to the public seven days a week for 8 hours a day. The animals are kept in cages pursuant to city ordinance and have received all of the required vaccinations mandated by public health code. The petting zoo has been in
tort law, including the pros and cons of tort law and the importance of tort law in business environments. In addition the paper will investigate the potential effects of tort reform, and review cases related to tort law, and how it may affect American businesses and consumers. Tort law is an important issue to explore because it relates to the issues of product liability, negligence and financial gain or
Australian Tort Law on Wilkinson v Downton Talk about whether or not the trigger of action in Wilkinson v Downton provides a viable remedy to victims of intentionally inflicted psychiatric harm in Australia these days. The Wilkinson v Downton judgment created a considerable frame of jurisprudence not only in England, but additionally within America, as well, dealing with claims relating to "outrageous as well as extreme conduct deliberately or perhaps recklessly leading
Employee Privacy Torts History of Employee Privacy Changing Trends of Employee Privacy Impact of Innovative Technology on Employee Privacy Role of Social Media towards Employee Privacy Impact of Changing Community/Society on Employee Privacy Adaptation to the new Environment pertaining to Employee Privacy Employee Monitoring and Surveillance Laws and Employer Policies for Text Messaging and Social Media Electronic Communication Privacy Act Monitoring of Employee Conversations over Telephone & Email Recommendations for creating Effective Policies Future Implications of Employee Privacy As years have passed and
Class actions represent a consolidation of power by plaintiffs and alleged victims in a case, allowing groups of plaintiffs to consolidate their cases and seek a single judgment for collective damages. Though this is primarily a way of strengthening each plaintiff's case and their cases as a whole, it has certain benefits to defendants as well. By dealing with the Vioxx cases as a class action and coming to an
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