dynamic business law essentials 3e 2016 chapter 07

Chapter 7 Case HypotheticalOfficers Jones and Henderson are well-respected police officers in the Woodlawn community.. Officers Jones and Henderson transport Ames to a rural area, where

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Chapter 7 Case Hypothetical

Officers Jones and Henderson are well-respected police officers in the Woodlawn community 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, Jones and Henderson observe an individual sleeping on a park bench in the town square The individual is Fred Ames, a homeless person known in the

community for his trouble with alcohol and illicit substances Ames has a twenty-year history of bad choices and bad luck, and most in Woodlawn “know his story.” Woodlawn

does not have a law against vagrancy or homelessness.

Determined to “clean up” the downtown area, the officers demand that Ames seat himself

in the back of the squad car Reluctantly, and without the use of force on the part of Jones and 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 until he “cleans up his act once and for all.”

Have Officers 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 7 Case Hypothetical

When Olivia P Rae talks, people listen As a talk show host on her nationally-syndicated television program, “The ‘O’ Show,” Olivia reaches approximately thirty (30) million viewers each week Her dedicated viewers are collectively referred to as “Olivia’s Militia,” and most of her viewers wait for Olivia’s on-air blessings before deciding what to read, how to vote, and more generally, how to think One of her recent programs has Olivia in “hot water.” Olivia devoted her September 30 episode to a food-borne illness commonly referred to as “crazy chicken” disease During the past two years, approximately fifty (50) people in the United States had developed physical symptoms after eating undercooked, diseased chicken Apparently, chickens had developed the disease after eating substandard feed, and consumers had been affected in the food chain Common symptom included muscle contractions, nausea and diarrhea, and less-than-caring individuals, many skeptical of the

disease’s legitimacy, referred to these symptoms as “The Chicken Dance.”

During the September 30 episode of “The ‘O’ Show,” Olivia interviewed a medical doctor Dr Tyson Fowler, who said that in his opinion, chicken was not safe for human consumption In response,

Olivia had said “Doctor Fowler, if that is the case, I will never eat chicken again.”

Hearing of this episode, the United Poultry Growers Association sued Olivia and “The ‘O’ Show,”

claiming commercial disparagement (the commercial equivalent of defamation.) Are the defendants Olivia and “The ‘O’ Show” liable for commercial disparagement?

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Definition: A civil wrong or injury to another, other than breach of contract, giving the injured party the right to bring a lawsuit against the wrongdoer to recover

compensation for economic and/or

physical damages

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Goals of Tort Law

•Provide compensation for injured parties

•Maintain order in society by discouraging private retaliation by injured parties

•Give citizens a sense that they live in a just society

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Classification of Torts

•Intentional Torts—Occur when defendant takes action intending that certain consequences will result, or knowing they are likely to result

•Negligent Torts—Occur when defendant acts in a careless way that subjects other people to an

unreasonable risk of harm

•Strict Liability Torts—Occur when defendant undertakes an “inherently dangerous” action (an action that cannot be undertaken safely, no matter what precautions the defendant takes)

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Intentional Torts (Against Persons)

•Assault

•Battery

•Defamation

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Definition: Situation when one

person places another in fear/apprehension of immediate,

offensive bodily contact

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Battery

Definition: An intentional, unwanted,

offensive bodily contact

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Defenses Available to the Defendant

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Defamation

Definition: The intentional publication (communication to a third party) of a false statement harmful to

an individual’s reputation

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Intentional Torts (Against Property)

Trespass to Realty

Occurs when a person intentionally:

•Enters the land of another without permission;

•Causes an object to be placed on the land of another without the landowner’s permission;

•Stays on the land of another when the owner tells him/her to depart; or

•Refuses to remove something he/she placed

on the property that the landowner asked to be removed

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Private Nuisance

Definition: A situation when a person

uses his/her property in an unreasonable manner that harms a neighbor’s use or enjoyment of his/her

property

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Trespass to Personal Property

Definition: A temporary exercise of control over another’s personal property, or interference with the true owner’s right to use the property

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Conversion

Definition: A situation that occurs when

a person permanently removes personal property from the owner’s

possession and control

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Intentional Torts (Against Economic

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Disparagement

Definition: A false statement of material fact resulting in damage to a business’s or product’s reputation

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Intentional Interference With Contract

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Unfair Competition

Definition: A tort against economic interests that occurs when the defendant unreasonably interferes with the plaintiff’s opportunity to earn a

profit

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Fraudulent Misrepresentation

(Elements)

•The defendant knowingly, or with reckless disregard for the truth, misrepresented

material facts and conditions;

•The defendant intended to have another party rely on the misrepresentation;

•The plaintiff reasonably relied on the misrepresentation; and

•The plaintiff suffered damages because of reliance on the misrepresentation

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Res Ipsa Loquitur (“The Thing

Speaks For Itself”)

•The indicated negligence is within the scope

of the defendant’s duty to the plaintiff

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Negligence Per Se (“Negligence In

or Of Itself”)

Applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to

which the plaintiff belongs

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Strict Liability

Definition: Liability without fault

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Elements of Strict Liability

Damages Available in Tort Cases

•Compensatory Damages: Designed to compensate the victim for all harm caused by the defendant

•Nominal Damages: Small amount of money given to recognize that defendant committed a tort, in a case where plaintiff did not experience,

or failed to prove, actual damages

•Punitive Damages: Imposed to punish defendant for extremely outrageous conduct, and to deter the defendant and others from