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The Elements of Torts Torts and the Legal System Business and Torts Intentional Negligent Without fault (strict liability) For a business, torts come about in three ways A person is harmed by the actions of a business or its employees A person is harmed by a product manufactured or distributed by the business or A business is harmed by the wrongful actions of another business or person Role of Tort Law While most criminal acts, especially violent ones, involve a tort, most torts do not involve a criminal act Private law To place an injured party as nearly as possible in the position he would have occupied had it not been for the defendants tort. Punitive damages May be available for intentional torts To punish financially and deter others Torts Based on Negligence To recover a plaintiff must show the following four elements Duty Breach of duty Causation Injury. Negligence is an act or omission that results in harm to another to whom the person owes a duty of care A person who intentionally runs over another while driving has committed the intentional tort of battery A person who unintentionally (negligently) runs over another while driving carelessly has committed a tort of battery based on negligence Duty of Care The reasonable person standard The law does not require perfection, only what is reasonable under the circumstances In the case of a professional such as a doctor, engineer or accountant, that standard is a reasonable doctor, engineer or accountant. SQUISH LA FISH v. THOMCO Issue Did the defendant fail to take reasonable care that the information it provided was correct Squish hired ProPack who brought in Thomco. ProPack and Squish relied on Thomcos advice which was not particularly good. The Thomco representative stated that the adhesive would wash off in warm water. It did not and the distributor cancelled the contract with Squish. Negligent misrepresentation The trial court granted summary judgment for Thomco and Squish