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Understanding Torts in Business Law: Duties and Breaches

Learn about the crucial elements of torts in business law, including duties not to injure, interfere with property or economic rights, and breach of duty. This article explores how duty and breach are determined by law and fact, and the types of injuries and causations involved.

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Understanding Torts in Business Law: Duties and Breaches

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  1. Law for Business Mr. Bernstein Torts: Offenses against Individuals, pp 89-91 October 9, 2014

  2. Law for BusinessMr. Bernstein Elements of a Tort Duty must exist Duty not to injure another (bodily injury, reputational injury or invasion of privacy) Duty not to interfere with property rights of others Duty not to interfere with economic rights of others Existence of duty almost always a question of law, determined by judge

  3. Law for BusinessMr. Bernstein Elements of a Tort Breach of duty must be proven Breach of duty almost always a question of fact, determined by a jury Breach can be an intentional tort, negligence (inadequate care), or as a strict liability (breach where intent nor carelessness is required) Injuries must have occurred Proximate Causation – must prove injury is result of breach

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