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Business Law: Negligence and Torts

Taught By Professor Frank B. Cross, J.D., Harvard Law School,
The University of Texas at Austin

Course No. 562

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Business Law: Negligence and Torts

"Outstanding professor — makes legal concepts a joy to study!"

—Don Caruth, Rockwall, TX




Course Lecture Titles

8 Lectures
45 minutes / lecture

    1. Foundations of Torts and Negligence Introduction
    Tort law is a body of common law designed to compensate persons injured in civil, as opposed to criminal, wrongs. The duties and behaviors of the hypothetical "reasonable person," as interpreted during centuries of litigation, have come to form this practical and highly developed body of law. They can be broken down into the broad categories of intentional harms, negligence, and certain cases in which strict liability for actions applies.
  1. Foundations of Torts and Negligence Introduction (info)
  2. 2. Negligence (continued)
    This lecture continues the discussion of negligence with the duties of landowners—a subject of practical interest to many Americans. The degrees of liability are various, and defenses to these and other torts abound, from defenses which admit the actions alleged but give an excuse—affirmative defenses—to issues of "proximate cause" which offer commonsense checks to the damages sought in many cases.
  3. Negligence (continued) (info)
  4. 3. Intentional Interferences with Property
    Intent, an essential component of many types of torts, has been legally refined to differentiate between action taken and necessary components of intent in that circumstance. The torts of trespass, conversion, and nuisance involve different actions, and the intent to perform those actions has also been construed differently. The subtleties are such that even without intending actual harm, one can be liable for harm caused.
  5. Intentional Interferences with Property (info)
  6. 4. Defamation
    Defamation, a body of law that frequently produces high-profile litigation, is divided into the torts of libel and slander. Both have developed highly nuanced definitions, as the difference between a defamatory statement and an unflattering opinion can be difficult to discern. Public figures, for example, have different standards applied to them than ordinary private citizens in matters of defamation, and the elements of defamation, including publication and business interest, require much care to prove.
  7. Defamation (info)
  8. 5. Privacy and Emotional Distress
    Emotional distress, negligently or intentionally inflicted, is a tort that exacts very real penalties yet uses potentially subjective tests. The use of a "reasonable person's" perspective is the classic attempt at standardizing under law the effects of outrageous and negligent behavior on the emotions. Invasion of privacy is a tort that carries implications for the media, law enforcement, and workplace policies.
  9. Privacy and Emotional Distress (info)
  10. 6. Product Liability
    The power of a consumer to sue a manufacturer for injury by a product is bounded by several tests. Unavoidably unsafe products, or those which are reasonably safe in regard to their function, are protected from liability. Defects in design or manufacture are carefully weighed by courts before awarding damages, and there are also several defenses, such as assumption of risk, or product misuse, to a manufacturer's strict liability for injury to person or property.
  11. Product Liability (info)
  12. 7. Business Torts
    Although most tort actions are initiated by individuals against other individuals, organizations, or corporations, suits for business torts can be brought by corporations against individuals. These include complex issues of wrongful interference with contract or prospective business, and misappropriation. This area of the law litigates, among other things, the intricacies of trade secrets and breaches of contract induced by third parties.
  13. Business Torts (info)
  14. 8. Trademark
    Companies develop trademarks to develop and hold consumer goodwill. The law protects these trademarks from being used by others who aim to exploit that goodwill. Originally a common law issue, trademark law is now statutory. Different types of trademarks are treated with varying degrees of protection under law, but the main goal of statutes is to protect consumers from confusing products as a result of similar trademarks.
  15. Trademark (info)

This course addresses two important questions:

  • When is someone else legally responsible for harm done to you?
  • When are you legally responsible for harm done to someone else?

This course of eight lectures discusses torts, the body of law designed to redress through civil litigation harms done to persons.

As with all bodies of law, in order to analyze the legal implications of a potentially tortious action, it is necessary to blend common sense and pragmatic thinking with an understanding of legal definitions as they have evolved over time.

This lecture series not only explains the basics of this substantive body of law, but it also gives insight through examples of how the law is based on a logical idea of a just outcome.

You have an outstanding guide to understand clearly this area of law. Professor Frank B. Cross is Professor of Business Regulation at The University of Texas at Austin and a former attorney with the law firm of Kirkland & Ellis in Washington, DC.

The Academy of Legal Studies in Business honored Professor Cross as the nation's outstanding professor. Business Week 's guide to M.B.A. programs has also recognized him as one of the nation's outstanding teachers.

His conversational, clear, thorough, and humorous style makes this course a pleasure.

The Basics: Negligence and Intentional Interference with Property

Lecture 1 lays out the basic foundations of torts law, the three categories of which it is composed, and the legal factors necessary to find a person liable for a tort.

Negligence is discussed in terms of specific legal duties under the common law, and the standard of what a "reasonable person" would think or do, which is relied upon so heavily in this body of law.

Lecture 2 continues the discussion of negligence, especially of property owners, and the defenses that can be offered against allegations of negligence. You consider the duties of landowners to trespassers, guests, and others (such as the injuries of burglars or children who invade swimming pools). You search the causal connections that determine whether one person's acts are—in law—the "cause" of another's harm.

Lecture 3 discusses the flip side of property owner's negligence—the definitions of intentional interference with property. Your neighbor's tree interferes with your fence and your sunlight. You cook with mountains of garlic that vent into your neighbor's apartment. What determines intentional interference with property? You look at various cases. The nature of intent is discussed in terms of each of several kinds of offenses.

Defamation, Privacy, and Emotional Distress

Lectures 4 and 5 deal with the high-profile, occasionally controversial topics of defamation, privacy, and emotional distress.

In Lecture 4, you look at the law of libel (written) and slander (oral) that damage a person's reputation. Several requirements of defamation are discussed, as well as the privilege to defame which can attend commentary on public figures. You also examine when truth is a defense against libel.

Lecture 5 discusses the expanding tort of infliction of emotional distress, which can be either negligent or intentional, but which must pass several specific tests before it can be definitely labeled tortious. Invasion of privacy and the various forms it can take under common law are reviewed in detail.

Business Torts: Product Liability, Interference, Misappropriation, Trademarks

Lectures 6, 7, and 8 return to a more traditional conception of business law in their discussion of product liability, business torts, and trademarks.

Do cars need warning labels? Would it have any legal effect if they did? The extent to which a manufacturer is liable for damages caused to persons or property is explained in Lecture 6, including the several defenses, such as assumption of risk, which can be raised.

Lecture 7 discusses third-party intervention in contracts and prospective business, as well as the legal implications of misappropriation of information.

Lecture 8 closes the series with an interesting discussion of trademark law, and the considerations such as competition or likelihood of consumer confusion that courts must weigh before handing down decisions on such infringements. The cases discussed in this lecture look at intrusions on the trade name, appearance, and reputation of many famous products.

Please note:

This course is not intended to provide financial or investment advice. All investments involve risk: Past performance does not guarantee future success. You acknowledge that any reliance on any information from the materials contained in this course shall be at your own risk.

Should I Buy Audio or Video?

This course is available on audio download only.

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