Liability

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Torts: Remedies

Objectives

• What is a tort?

• Liability theories

• Types of remedies

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What is a Tort?

• A tort is a wrongful act that results in some kind of injury to another and is subject to civil legal liability

Examples • Negligence

• Personal injury

• False imprisonment

• Assault/battery

• Infliction of emotional distress

• Defamation

• Invasion of privacy

• Conversion

• Trespassing

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Liability Theories

• Direct liability

• Vicarious liability

• Joint and severable liability

Actual Damages

• Also called compensatory damages

• Designed to compensate plaintiff for injury to property or person

• Reasonably foreseeable consequential damages, too

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Punitive Damages

• Also called exemplary damages

• Designed to punish defendant and deter others from engaging in conduct

• Can’t be arbitrary or grossly excessive

Equitable Remedies

• Available when money alone cannot adequately compensate plaintiff for the loss or injury

• Injunctions – Prohibiting certain conduct

– Ordering defendant to do something

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Summary

• Torts can pose enormous legal exposure for your business

• Remedies include actual damages, punitive damages, and equitable relief