Property Disparagement


Although firms may compete in the marketplace, they may not spread false information about the products of other firms. This tort is called trade libel. For example, it is trade libel for one manufacturer of automobile wax to state publicly that a competitor’s wax injures automobile paint if the claim is not true. To prove damages, the plaintiff must show that a third party actually refrained from doing business with the plaintiff because of the false information that was spread by the defendant.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

 

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Negligence


Negligence is defined as a failure to exercise a reasonable or ordinary amount of care in a situation that causes harm to either a person or to property. Negligence may involve either doing something carelessly or completely failing to do something that should be done.

Negligence is an improper disregard for the safety of the person or property of another. It is the failure to exercise the care of an ordinary person. Certain basic requirements are common to all negligence cases:

  1. A legal duty was owed to the victim.
  2. There was an infringement or breach of duty to the victim.
  3. Injury (or damages) resulted.
  4. The damage was the proximate result of what the defendant did or failed to do when legally required.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.