Law for Business

Mr. Bernstein

Torts: Offenses against Individuals,pp 89-91

October 9, 2014

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Law for BusinessMr. Bernstein

Elements of a TortDuty must exist

Duty not to injure another (bodily injury, reputational injury or invasion of privacy)Duty not to interfere with property rights of othersDuty not to interfere with economic rights of othersExistence of duty almost always a question of law, determined by judge

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Law for BusinessMr. Bernstein

Elements of a TortBreach of duty must be proven

Breach of duty almost always a question of fact, determined by a juryBreach can be an intentional tort, negligence (inadequate care), or as a strict liability (breach where intent nor carelessness is required)

Injuries must have occurredProximate Causation – must prove injury is result of breach