Common Law Torts in Business and How to Avoid Them

"Common Law Torts in Business and How to Avoid Them: A Handbook for Managers" explains that a tort is a civil wrong for which the aggrieved party can recover monetary damages at law for his or her injuries and harm. Tort law is primarily based on the common law, that is, judge-made decisions harkening back to old-English days. Yet tort law today still can have very serious legal consequences for business, employers, and management. Accordingly, the main objective of this book is to educate managers as to certain fundamental principles of tort law, to demonstrate how torts can arise in a business or employment setting, and most importantly to show managers how to avoid legal liability under tort law. As such, throughout the book after each tort is legally examined in a business context the authors provide extensive suggestions and recommendations on how to avoid liability.



The three main tort doctrines analyzed in the book are intentional torts, the tort of negligence, and the tort of strict liability for products. The authors emphasize the tort law ramifications of each in areas critical to business, for example, the intentional torts of infliction of emotional distress, particularly regarding "bullying" in the workplace, invasion of privacy, defamation, and fraud, as well as the tort of negligence as applied to the hiring, supervising, and retaining of employees. The doctrine of vicarious liability, that is, liability imputed to the employer based on the wrongful conduct of its employees is also covered.



In addition to the legal materials presented in the book the authors include a discussion of the related fields of ethics as applied to business, corporate social responsibility, and sustainability. The authors also have provided a Glossary of key terms to help managers understand the language of the law and thus better comprehend the legal concepts in this book. The overall goal of the authors is to help managers to achieve a workplace that is legal, just, and successful. The authors hope that the aforementioned objectives of their book are attained in a readable, enjoyable, intellectually stimulating, useful, and effective manner.



This book is a useful reading for college students as well as managers, human resources professionals, and entrepreneurs as they need to ensure a legal, safe and healthful work environment for everyone in the organization.