Duty of care

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Elements of Torts Chapter 6 Meiners, Ringleb & Edwards The Legal Environment of Business, 13th Ed. ©2018 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school- approved learning management system for classroom use. TORTS & THE LEGAL SYSTEM The word tort derived from Latin tortus or “twisted.” Means “wrong” in Old French. A tort is a civil wrong, other than a breach of contract, for which the law provides a remedy. •Breach of a legal duty owed to another that causes harm •Torts arise from careless errors or intentional actions •The law reflects social values and standards •Lawsuits involving businesses can have large awards. In Pennzoil-Texaco case jury awarded $10.5 billion. •Has become a major issue for businesses Business and Torts Categories  Negligence  Intentional  Strict Liability Business becomes involved through  (1) person is harmed by actions of business or its employees  (2) a person is harmed by a product manufactured or distributed by the business  (3) a business is harmed by the wrongful actions of another business or person Some torts are unique to businesses (Chapter 7) Torts can be specific to property (Chapter 8) The Role of Tort Law • Tort law allows compensation for injuries wrongfully inflicted by a defendant on a plaintiff • Civil not criminal law • Law is determined in each state – rules vary. • However, the basic principles are similar across states. • Remedies should place an injured party in the position he/she would have been in absent the tort. • Fear of tort action deters injurious behavior by others. • Punitive damages punish malicious or extremely reckless behavior. NEGLIGENCE-BASED TORTS • Unintentional careless conduct that creates an unreasonable risk of harm to others. No intent to harm needed. • Elements • 1. Breach of duty of care wrongdoer owed to injured party • Owed to the plaintiff • Breach through an act or omission • 2. Causation (causal connection to the injury) • 3. Injury/Damages • Gross Negligence: Conscious & voluntary disregard for need to use reasonable care • More likely to lead to punitive damages Duty of Care and the Reasonable Person Standard • The standard is how persons in the community ought to behave. • One must be reasonable at all times, under the circumstances. • Not liable for everything – only for “unreasonable” acts • Standard: “What a reasonable person would do in same or similar circumstances?” • Applies to professions – CPA, MD, attorney, etc. • What a competent and experienced professional would do Squish La Fish v. Thomco Specialty Products • Squish holds patent on “Tuna Squeeze;” ProPack hired to assist with store displays. • ProPack got Thomco’s advice on adhesive for the displays. • Thomco sa ...

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