CH03 (1) - Sao Chép

Chapter 3 discusses business torts, focusing on intentional and negligent torts, as well as product liability. It outlines the legal responsibilities of tortfeasors and the elements required to prove negligence, including duty, breach, and damages. Additionally, the chapter covers trademark laws, including the definition, types, and factors determining confusion of marks.

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CH03 (1) - Sao Chép

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uyenhlhs173123

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CHAPTER 3

B U S I N E S S T O RT S
LEARNING OBJECTIVES

List and
Discuss the
explain the
basis for
generally
intentional
recognized
and negligent
business
tort liability.
torts.
DEFINITIONS
Tort is an action that is wrong but can be dealt
with in a civil court rather than a criminal
court

Tortfeasor is person who causes the injury

Tort liability is understood as legal

responsibility to compensate for damages
caused by torts
I N T E N T I O N A L T O RT S

An act by the
defendant

To recover for
an intentional
An intention to cause
tort, the injured the consequences of
person must the act
show three
things: Causation - the injury
was caused by the
defendant’s act or
something set in
motion by the act
N E G L I G E N C E T O RT S

Duty of tortfeasor
To recover for
a negligence
tort, the Breach of duty
injured party
must show all Breach was the
these cause of injury
elements:
Actual damage or
injury
N E G L I G E N C E T O RT S

Note
:
It is frequently the case that more than one
person could be a proximate cause of a
plaintiff’s injuries. In that case, all the people
whose breach of duty contributed to the
plaintiff’s injuries could be liable.
N E G L I G E N C E T O RT S

Note
In some states, in order for an injured party to
:
recover anything in a negligence action, the
party cannot have been negligent. Negligence
on the part of the injured party is called
contributory negligence. However other
states allow injured parties to recover even
when they have been partially at fault. The
doctrine of comparative negligence allows
courts to reduce damage awards to plaintiffs
– nguyên đơn by the percentage of the
damage attributable to the plaintiffs’
negligence. For example, if a plaintiff’s total
damages are $100,000 and the plaintiff was 20
BUSINESS TORTS
P R O D U C T L I A B I L I T Y- T R Á C H N H I Ệ M B Ồ I
T H Ư Ờ N G T H I Ệ T H Ạ I D O S Ả N P H Ẩ M G ÂY
RA

Manufacturers, dealers, suppliers

and rental companies are
potentially liable/ˈlaɪəbl/ for injuries
caused by the products. Liability
can be based on two theories:
1. Negligence- vô ý
2. Strict liability- trách nhiệm
nghiêm ngặt
B U S I N E SS T O RT S
PRODUCT LIABILITY
1.
Negligence:
The suppliers of products are potentially
liable for negligence as a result of one of
the following three reasons: chịu trách
nhiệm pháp lý đối với hành vi vô ý
1. The use or condition of the product –
việc sử dụng tình trạng của sản phẩm
2. A design defect – lỗi thiết kế
3. Failure to warn- không cảnh báo
T H E FA M O U S S N A I L
B U S I N E SS T O RT S
PRODUCT LIABILITY
1.
Negligence:
• A person injured through use or condition of a product
could sue- kiện on the basis of the manufacturer’s
negligence- sự bất cẩn
• The plaintiff- nguyên đươn must prove- chứng minh
negligence.
• Unless the plaintiff can show negligence in the design of
the manufacturer’s product, the general method of
manufacture, or a failure to warn, it is unlikely the plaintiff
will be able to prove negligence.
B U S I N E SS T O RT S
PRODUCT LIABILITY
1.
Negligence:
PRODUCT
LIABILITY
2. Strict
Liability:
Because of the
difficulty of proving
negligence, entities in
the chain of
manufacture of a
product - such as
manufacturer,
wholesaler, or retailer
are liable without
proof of negligence.
It applies to anyone
injured because of a
B U S I N E SS T O RT S
INTERFERENCE

Interference with a
contract or
economic
advantage occurs
when a business
relationship has
been formed, and
a third party
causes a breach of
that business
relationship
B U S I N E SS T O RT S
CONFUSION
Confusion about a product looks at:
Injurious falsehood (also called commercial
disparagement or trade libel): False statement
of fact that degrades quality of another’s
goods or services.
B U S I N E SS T O RT S
CONFUSION
Confusion about a product looks at:
Confusion of source:
This tort occurs from trademark or trade name
infringement or unfair competition
Actual confusion need not be
shown.
TRADEMARKS
Trademarks: words, symbols, or devices
used to distinguish one’s goods from
another’s.

A secondary trademark has come into

use through common practice.

Trademarks may be registered or

unregistered.
TRADEMARKS
W H AT I S A T R A D E M A R K

• Any sign capable of being represented

graphically …
A trademark may, in particular, consist of
words (including personal names), designs,
letters, numerals, or the shape of goods or 19

their packaging. (Section 1(1) of Trademarks

Act 1994)

• “Any sign, or combination of signs, capable of

distinguishing goods or services of one
undertaking from those of other undertakings
… Such signs, in particular words including
personal names, letters, numerals, figurative
TYPES OF TRADEMARK

H T T P : / / F P T. E D U . V N
• Invented words: “Kodak”-
“Xerox”
• Words used out of context:
“Apple”
• Symbols and shapes 20

• Color: Single color or

05/18/2025
combination of colors?
• Sound
• Smell
21

H T T P : / / F P T. E D U . V N 05/18/2025
W H AT I S A T R A D E M A R K
22

H T T P : / / F P T. E D U . V N 05/18/2025
W H AT I S A T R A D E M A R K
WHICH SIGNS CAN BE TRADEMARKS