Dynamic business law 4e kubasek 4e CH08

Chapter 8 Hypothetical Case 1• Bob Swaby, owner of Fire and Ice Heatng and Air Conditoning, and Ben Christanson, owner of Thermostat Dreams HVAC, are bitter compettors.. One night he cal

Chapter 8

Tort Law

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McGraw-Hill Education.

• LO8-1: How do we classify torts?

• LO8-2: What are some of the most common

intentonal torts and the elements needed to  

prove them?

• LO8-3: What types of damages are available in

tort cases?

8-2

Chapter 8 Hypothetical Case 1

• Bob Swaby, owner of Fire and Ice Heatng and Air Conditoning, and Ben Christanson, owner of

Thermostat Dreams HVAC, are bitter compettors Both are determined to meet the heatng and

cooling needs of the small town of Valdese, North Carolina For years, each business owner has

sought to outdo the other through price undercutting and other business practces, and tensions

between the two have grown

Christanson's wife and children go on vacaton to Myrtle Beach, South Carolina while he stays

behind During this tme, Swaby concocts a devious scheme One night he calls Christanson,

disguising his voice and identfying himself as the head administrator at the Horry County, South

Carolina Coroner's Office Swaby tells Christanson that his family has been murdered, and that he

must come to South Carolina to identfy the bodies and partcipate in the investgaton of their

deaths Shocked and distraught, Christanson drives the six hours to Horry County, South Carolina

There, Christanson discovers he has been the victm of a very twisted joke

When he returns home, Christanson does not feel quite right He has trouble sleeping, has

difficulty concentratng on his job, experiences bouts of anxiety, and often feels despondent He

consults a psychiatrist, who diagnoses Christanson with a form of post-traumatc stress disorder

• Assuming Christanson discovers that Swaby is the perpetrator of the prank, does Christanson

have an actonable civil claim against Swaby? If so, on what legal theory should the acton be

based, and what is the appropriate amount of monetary damages?

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Chapter 8 Hypothetical Case 2

• When Sylvia Wood talks, people listen As a talk-show host with her own natonally syndicated

television program, "The Sylvia Show," Wood reaches approximately thirty million viewers each

week Her dedicated viewers are collectvely referred to as "Sylvia's Milita," and most wait

breathlessly for Wood's on-air blessings of products, people, and books

One of her recent programs has Wood in hot water Wood devoted her September 30 episode to a

food-borne illness commonly referred to as "crazy chicken" disease During the past two years,

approximately fifty people in the United States have developed physical symptoms after eatng

undercooked, diseased chicken Apparently, chickens have developed the disease after eatng

substandard feed, and consumers have been affected down the food chain Common symptoms

include muscle contractons, nausea, and diarrhea

During the September 30 episode of "The Sylvia Show," Wood interviewed a medical doctor, Dr

Tyson Fowler, who said that in his opinion, chicken was not safe for human consumpton In

response, Wood had said "Dr Fowler, if that is the case, I will never eat chicken again."

Hearing of this episode, the United Poultry Growers Associaton sued Wood and "The Sylvia Show,"

claiming commercial disparagement (the commercial equivalent of defamaton.)

• Are the defendants Wood and "The Sylvia Show" liable for commercial disparagement? 8-4

• A wrong or injury to another, other than a

breach of contract

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Purposes of Tort Law

• Compensate innocent injured persons

• Prevent private retaliaton by injured

partes

• Reinforce vision of a just society

• Deter future wrongs

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Classification of Torts

• Intentonal torts: Occur when defendant takes

acton intending certain consequences or

knowing they are likely to result

• Negligent torts: Occur when defendant acts in a

way that subjects other people to unreasonable

risk of harm

• Strict liability torts: Occur when defendant takes

acton that is inherently dangerous and cannot

ever be undertaken safely.

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Common Intentional Torts

Against Persons

• Assault

• Battery

• Defamaton (published, libel; spoken, slander)

• Invasion of privacy (false light, public disclosure

of private facts, appropriaton for commercial

gain, and intrusion on an individual's affairs or

seclusion)

• False imprisonment

• Intentonal inflicton of emotonal distress

Common Intentional Torts

Against Property

• Trespass to realty

• Private nuisance

• Trespass to personal property

• Conversion

8-9

Common Intentional Torts

Against Economic Interests

• Disparagement

• Intentonal interference with contract

• Unfair competton

• Misappropriaton

• Fraudulent misrepresentaton

8-10

Damages Available in Tort Cases

plaintff whole (puts plaintff in same positon

he/she would have been in had tort not

occurred)

signifies defendant's behavior was wrongful,

but caused no harm

defendant and seek to deter such conduct in

Chapter 8 Hypothetical Case 3

• Officers Jones and Henderson are well-respected police officers in the town of Woodlawn

They have been recognized, both within the police department and by the community, for

their outstanding service While on patrol in downtown Woodlawn late one evening, they

observe a person sleeping on a park bench in the town square The person is Fred Ames, a

homeless man known in the community for his trouble with alcohol and illicit substances

Ames has a long history of bad choices and bad luck, and most in Woodlawn know him

well Woodlawn does not have a law against vagrancy or homelessness.

Determined to clean up the downtown area, the officers demand that Ames get in the

back of the squad car Reluctantly, and without the use of force on the part of Jones or

Henderson, Ames complies Officers Jones and Henderson transport Ames to a rural area,

where they release him on a dark country road and warn him not to return to Woodlawn

untl he "cleans up his act once and for all."

• Have Jones and Henderson committed a tort against Ames? Are the officers within the

privilege of their authority in removing Ames from the downtown area? Did the officers

act unethically? Should Woodlawn implement a law against vagrancy/homelessness?

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Chapter 8 Hypothetical Case 4

colleagues decided to throw a party in her honor Farrow had long been the person

in her office who was the first to celebrate and acknowledge her colleagues'

birthdays, anniversaries, engagements, and new babies, so they wanted to make

the party a surprise—a party that, for once, she didn't have to plan.

All the planning went off without a hitch, and Farrow didn't suspect a thing When

she was called into the office on a Saturday afternoon unexpectedly, she became

worried that something was very wrong As she opened the door, her colleagues

jumped out and yelled, "Surprise!" Just like that, Farrow dropped dead of a heart

attack.

individuals who planned the party Is this situaton an intentonal tort? Why or why

not?

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