Week Two Guide

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  • Topic: Tort, Tort law, Strict liability
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  • Published : September 3, 2012
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Week Two Student Guide

This week you are introduced to the concept of torts and the risk management process. This may help you identify how an organization can minimize the tort liability risk for a company.

The readings analyze intentional torts and negligence with the intentional torts against persons, as well as examples of cases that address this issue. You study unintentional tort (negligence), and you discuss the seminal case of Palsgraf v. The Long Island Railroad Company.

The readings also address strict liability and product liability. This information focuses on defective products and manufacture, design, packaging, and failure to warn.

Torts

OBJECTIVE: Identify potential tort risks that arise in the business context.

Resources: Ch. 5 & 6 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues

Content

• Ch. 5: Intentional Torts and Negligence

o Introduction to Intentional Torts and Negligence
o Intentional Torts Against Persons

• Case 5.1 False Imprisonment: Wal-Mart Stores, Inc. v. Cockrell • Contemporary Environment: Eminem’s Rap Song Is Not Slander

o Unintentional Torts (Negligence)

• Contemporary Environment: Ouch! McDonald’s Coffee Is Too Hot! • Case 5.2 Negligence: James v. Meow Media, Inc.
• Landmark Law: Palsgraf v. The Long Island Railroad Company

o Special Negligence Doctrines
o Defenses Against Negligence

• Case 5.3 Assumption of the Risk: Lilya v. The Greater Gulf State Fair, Inc.

o Strict Liability

• Ch. 6: Strict Liability and Product Liability

o Introduction to Strict Liability and Product Liability o Negligence and Misrepresentation
o Strict Liability

• Landmark Law: Restatement of Torts Definition of Strict Liability

o Defective Product
o Defect in Manufacture

• Case 6.1 Defect in Manufacture Shoshone Coca-Cola Bottling Company v. Dolinksi

o Defect in Design

• Case 6.2 Design Defect: Higgins v. Intex Recreation Corporation

o Failure to Warn

• Case 6.3 Failure to Warn: Bunch v. Hoffinger Industries, Inc.

o Defect in Packaging
o Other Defects
o Punitive Damages
o Defenses to Product Liability

OBJECTIVE: Apply the risk management process to mitigate business risk.

Resources: Ch. 5 & 6 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues; “7 Essential Elements of ERM; and the Role of Internal Audit” article

Content

• Ch. 5: Intentional Torts and Negligence

o Introduction to Intentional Torts and Negligence
o Intentional Torts Against Persons

• Case 5.1 False Imprisonment: Wal-Mart Stores, Inc. v. Cockrell • Contemporary Environment: Eminem’s Rap Song Is Not Slander

o Unintentional Torts (Negligence)

• Contemporary Environment: Ouch! McDonald’s Coffee Is Too Hot! • Case 5.2 Negligence: James v. Meow Media, Inc.
• Landmark Law: Palsgraf v. The Long Island Railroad Company

o Special Negligence Doctrines
o Defenses Against Negligence

• Case 5.3 Assumption of the Risk: Lilya v. The Great Gulf State Fair, Inc.

o Strict Liability

• Ch. 6: Strict Liability and Product Liability

o Introduction to Strict Liability and Product Liability o Negligence and Misrepresentation
o Strict Liability

• Landmark Law: Restatement of Torts Definition of Strict Liability

o Defective Product
o Defect in Manufacture

• Case 6.1 Defect in Manufacture: Shoshone Coca-Cola Bottling Company v. Dolinksi

o Defect in Design

• Case 6.2 Design Defect: Higgins v. Intex Recreation Corporation

o Failure to Warn

• Case 6.3 Failure to Warn: Bunch v. Hoffinger Industries, Inc.

o Defect in Packaging...
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