Virtually Unknown, 'Tortious Misconduct' Deserves Attention
So you think you know Georgia torts? How about a tort called "tortious misconduct"?
May 22, 2015 at 05:00 AM
5 minute read
So you think you know Georgia torts? How about a tort called “tortious misconduct”?
Never heard of it? It's not codified, not taught in law school (from our survey of Georgia tort professors) and not indexed in Georgia's leading tort treatise.
|Definition of the Tort
Generally, corporations are immune from liability for slander committed by their employees. Behre v. National Cash Register, 100 Ga. 213, 27 S.E. 986 (1896). Tortious misconduct is a virtually unknown narrow exception to the general rule of corporate immunity from liability for words or conduct committed by business employees against business invitees and even customers on the phone. Swift v S.S. Kresge Co., 159 Ga. App. 571, 284 S.E. 2d 74 (1981). Georgia's appellate courts have “inelegantly and inexactly” or “blithely” termed the tort “tortious misconduct” (herein “the tort”). Swift, supra, at 572.
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