Duty to _______ is the type of ethical requirement established by the precedents of tort law.

Corporate social responsibility (CSR) is a self-regulating business model that helps a company be socially accountable to itself, its stakeholders, and the public. By practicing corporate social responsibility, also called corporate citizenship, companies can be conscious of the kind of impact they are having on all aspects of society, including economic, social, and environmental.

To engage in CSR means that, in the ordinary course of business, a company is operating in ways that enhance society and the environment instead of contributing negatively to them.

  • Corporate social responsibility is a business model by which companies make a concerted effort to operate in ways that enhance rather than degrade society and the environment.
  • CSR helps both society and the brand image of companies.
  • Corporate responsibility programs are a great way to raise morale in the workplace. 
  • Some examples of companies that strive to be leaders in CSR include Starbucks and Ben & Jerry's.

Corporate social responsibility is a broad concept that can take many forms depending on the company and industry. Through CSR programs, philanthropy, and volunteer efforts, businesses can benefit society while boosting their brands.

As important as CSR is for the community, it is equally valuable for a company. CSR activities can help forge a stronger bond between employees and corporations, boost morale, and aid both employees and employers in feeling more connected to the world around them.

For a company to be socially responsible, it first needs to be accountable to itself and its shareholders. Companies that adopt CSR programs have often grown their business to the point where they can give back to society. Thus, CSR is typically a strategy that's implemented by large corporations. After all, the more visible and successful a corporation is, the more responsibility it has to set standards of ethical behavior for its peers, competition, and industry.

Small and midsize businesses also create social responsibility programs, although their initiatives are rarely as well-publicized as those of larger corporations.

Starbucks has long been known for its keen sense of corporate social responsibility and commitment to sustainability and community welfare. According to the company, Starbucks has achieved many of its CSR milestones since it opened its doors. According to its 2020 Global Social Impact Report, these milestones include reaching 100% of ethically sourced coffee, creating a global network of farmers and providing them with 100 million trees by 2025, pioneering green building throughout its stores, contributing millions of hours of community service, and creating a groundbreaking college program for its employees.

Starbucks' goals for 2021 and beyond include hiring 5,000 veterans and 10,000 refugees, reducing the environmental impact of its cups, and engaging its employees in environmental leadership.

The 2020 report also mentioned how Starbucks planned to help the world navigate the coronavirus pandemic. The company's response to the pandemic focuses on three essential elements:

  1. Prioritizing the health of its customers and employees
  2. Supporting health and government officials in their attempts to mitigate the effects of the pandemic
  3. Showing up for communities through responsible and positive actions.

Today, there are many socially responsible companies whose brands are known for their CSR programs, such as Ben & Jerry's.

In 2010, the International Organization for Standardization (ISO) released ISO 26000, a set of voluntary standards meant to help companies implement corporate social responsibility. Unlike other ISO standards, ISO 26000 provides guidance rather than requirements because the nature of CSR is more qualitative than quantitative, and its standards cannot be certified.

ISO 26000 clarifies what social responsibility is and helps organizations translate CSR principles into practical actions. The standard is aimed at all types of organizations, regardless of their activity, size, or location. And because many key stakeholders from around the world contributed to developing ISO 26000, this standard represents an international consensus.

The term corporate social responsibility (CSR) refers to practices and policies undertaken by corporations intended to have a positive influence on the world. The key idea behind CSR is for corporations to pursue other pro-social objectives, in addition to maximizing profits. Examples of common CSR objectives include minimizing environmental externalities, promoting volunteerism among company employees, and donating to charity.

Many companies view CSR as an integral part of their brand image, believing that customers will be more likely to do business with brands that they perceive to be more ethical. In this sense, CSR activities can be an important component of corporate public relations. At the same time, some company founders are also motivated to engage in CSR due to their convictions.

The movement toward CSR has had an impact in several domains. For example, many companies have taken steps to improve the environmental sustainability of their operations, through measures such as installing renewable energy sources or purchasing carbon offsets. In managing supply chains, efforts have also been taken to eliminate reliance on unethical labor practices, such as child labor and slavery.

Although CSR programs have generally been most common among large corporations, small businesses also participate in CSR through smaller-scale programs, such as donating to local charities and sponsoring local events.

A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. In the context of torts, "injury" describes the invasion of any legal right, whereas "harm" describes a loss or detriment in fact that an individual suffers.1 

Overview

The primary aims of tort law are to provide relief to injured parties for harms caused by others, to impose liability on parties responsible for the harm, and to deter others from committing harmful acts. Torts can shift the burden of loss from the injured party to the party who is at fault or better suited to bear the burden of the loss. Typically, a party seeking redress through tort law will ask for damages in the form of monetary compensation. Less common remedies include injunction and restitution. 

The boundaries of tort law are defined by common law and state statutory law. Judges, in interpreting the language of statutes, have wide latitude in determining which actions qualify as legally cognizable wrongs, which defenses may override any given claim, and the appropriate measure of damages. Although tort law varies by state, many courts utilize the Restatement of Torts (2nd) as an influential guide. 

Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products - see Products Liability). Intentional torts are wrongs that the defendant knew or should have known would result through his or her actions or omissions. Negligent torts occur when the defendant's actions were unreasonably unsafe. Unlike intentional and negligent torts, strict liability torts do not depend on the degree of care that the defendant used. Rather, in strict liability cases, courts focus on whether a particular result or harm manifested. 

There are numerous specific torts including trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress. There are also separate areas of tort law including nuisance, defamation, invasion of privacy, and a category of economic torts.

Remedies

The law recognizes torts as civil wrongs and allows injured parties to recover for their losses. Injured parties may bring suit to recover damages in the form of monetary compensation or for an injunction, which compels a party to cease an activity. In certain cases, courts will award punitive damages in addition to compensatory damages to deter further misconduct. 

In the vast majority of tort cases, the court will award compensatory damages to an injured party that has successfully proven his or her case.10 Compensatory damages are typically equal to the monetary value of the injured party's loss of earnings, loss of future earning capacity, pain and suffering, and reasonable medical expenses. Thus, courts may award damages for incurred as well as expected losses. 

When the court has an interest in deterring future misconduct, the court may award punitive damages in addition to compensatory damages. For example, in a case against a manufacturer for a defectively manufactured product, a court may award punitive damages to compel the manufacturer to ensure more careful production going forward. 

In some cases, injured parties may bring suit to obtain an injunction rather than monetary relief. The party seeking an injunction typically must prove that it would suffer considerable or irreparable harm without the court's intervention.

Distinguishing Torts from Other Bases of Liability

Torts are distinguishable from crimes, which are wrongs against the state or society at large. The main purpose of criminal liability is to enforce public justice. In contrast, tort law addresses private wrongs and has a central purpose of compensating the victim rather than punishing the wrongdoer.2 Some acts may provide a basis for both tort and criminal liability. For example, gross negligence that endangers the lives of others may simultaneously be a tort and a crime.3 

Some actions are punishable under both criminal law and tort law, such as battery. In that case, ideally tort law would provide a monetary remedy to the plaintiff, while criminal law would provide rehabilitation for the defendant, while also providing a benefit to society by reforming the defendant who committed assault.

Tort law is also distinct from contract law. Although a party may have a strong breach of contract case under contract law, a breach of contract is not typically considered a tortious act.4

Incomplete List of Torts and their Prima Facie Cases (D=defendant; P=plaintiff)

Trespass 

  • D had the intent to invade the land
  • D invaded land
  • P possessed the land and did not give consent to D

Battery

  • D acts 
  • D intends to cause a contact with P via D’s touch
  • D’s touch is harmful or offensive (objective test)
  • Causation b/w intentional touch & harm (2b & 2c)
  • P does not consent to the touch 

Assault

  • D acts
  • D intentionally acts so as to cause P to apprehend (not fear) imminent harmful or offensive contact with P
  • D’s act causes P reasonably to apprehend (not necessarily fear) such a contact 

False Imprisonment

  • D willfully acts . .
  •  . . . intending to confine P w/o P’s consent & w/o authority of law
  • D’s act causes P’s confinement
  • P is aware of P’s confinement

Intentional Infliction of Emotional Distress 

  • D acts
  • D’s conduct is outrageous
  • D acts for the purpose of causing the victim emotional distress so severe that it could be expected to adversely affect mental health
  • D’s conduct causes such distress

Negligence

  • D owed P a duty of reasonable care
  • D breached that duty
  • P suffers an injury
  • D’s breach caused P’s injury

Negligence Per Se

  • Statute or administrative created a duty
  • P is in class of people protected by the duty statutorily imposed on D
  • D violated that statute or administrative regulation
  • The Statute was intended to prevent the type of injury suffered

Res ipsa loquitur negligence: P must prove 3 things:

  • The incident was of a type that does not generally happen w/o negligence
  • It was caused by an instrumentality solely in D’s control
  • P did not contribute to the cause

Private Nuisance

  • D's action is an intentional non-trespassory activity
  • D's action is a recurring activity
  • D's action unreasonably interferes w/P’s right to use & enjoy his land

Public Nuisance

  • Injury resulting from intentional, unreasonable interference w/right common to the public
  • The injury singles out P from the rest of the public

Products Liability

  • D sells a product that P uses
  • D is the commercial seller of such a product
  • P suffers an injury
  • When D sold the item, the item was defective
  • The defect was an actual and proximate cause of P’s injury

Inducement of contract 

  • Valid contract b/w P & third party (a contract that is not currently voided)
  • D has knowledge of a valid contract
  • D induces third party to disrupt the contract with P
  • D’s inducement causes harm to P
  • P must show that the inducement was not justified
  1. Restatement (Second) of Torts § 7
  2. Dobbs' Law of Torts § 1
  3. See Dobbs' Law of Torts § 1