legal liability legal liability based on torts negligence intentional torts strict liability torts...
DESCRIPTION
Defenses to Negligence Actions Contributory negligence Complete defense Comparative negligence Reduces recovery Assumption of risk Statutes of limitations Immunities Governmental agencies, public officialsTRANSCRIPT
Legal LiabilityLegal liability based on torts
NegligenceIntentional tortsStrict liability tortsVicarious liability
Legal liability based on contractsLegal liability based on statutesPrincipal liability loss exposures
Elements of Negligence1 - A legal duty owed
Common lawStatutes
2 - Breach of that duty3 - Damages
CompensatorySpecial damages (measurable)General damages (intangible)Punitive damages
4 - Casual connection
Defenses to Negligence ActionsContributory negligence
Complete defenseComparative negligence
Reduces recoveryAssumption of riskStatutes of limitationsImmunities
Governmental agencies, public officials
Intentional TortsIntentional torts against the person
Assault and batteryFalse imprisonment and false arrest
DefamationLibel and slander
Invasion of right of privacyIntrusion on solitude or seclusionPhysical invasionPublic disclosure of private factsUnauthorized release of confidential information
Intentional Torts - continued
FraudBad FaithInterference with Relationships Between Others
Injurious falsehoodUnfair competitionInterference with employmentInterference with copyright, patent or trademark
Intentional Torts - continued
Misuse of legal processMalicious prosecutionMalicious abuse of process
Intentional torts against propertyTrespassReal propertyPersonal propertyConversion
Nuisance
Strict and Vicarious Liability
Strict liability tortsAbnormally dangerous instrumentalitiesUltrahazardous activitiesDangerously defective products
Vicarious liabilityEmployeeIndependent contractorNondelegable dutiesInherently dangerous activities
Legal Liability Based on Contracts
Breach of ContractHold Harmless and Indemnity Agreements
Indemnitor promises to pay indemnitee for loss sustained by indemnitee
Legal Liability Based on Statutes
Workers’ Compensation LawsOther Statutes
Uniform Aeronautics LawAuto Liability
Principal Liability Loss ExposuresPremises and Operations Liability
On premisesOff premises involving ongoing operations
Products Liability and Completed OperationsAutomobile Liability
Ownership, maintenance or useOperations by othersEmployer-employeeVolunteersLoaned employeesFurnishing defective vehiclesNegligent entrustmentNo-Fault statutes
Workers’ Compensation and Employers Liability
Employees’ tort suits against employersEmployees covered by workers’ compExempt employees
Hold harmless or indemnity agreements