The Concept of Torts and the Risk Management Process
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
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