Chapter 7

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Chapter 7
2012-05-23 23:29:33

Chapter 7
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  1. Purpose of Tort Laws
    To compensate persons who sustain injury from another's tortious (wrongful) conduct. Compensation aims to place the injured victim in the same position (economically) that he/she was in immediatley prior to the tort.
  2. Intent
    Defendant (tortfeasor) desires to bring about the actual consequences of his physical action.
  3. Battery
    Intentional infliction of harm, offensive or unwelcome bodily conduct.
  4. Assault
    The intentional creation of a mental impression that an offensive or bodily harmful contact is about to occur (e.g. a threat)
  5. Defenses against Assult and Battery
    • - Consent
    • - Self-defense, defense of others, defense of property (must use ONLY reasonable force)
    • * By claiming a defense, defandant acknowledges a tort occured but that they had a "good reason" to excuse liability for the tort.
  6. Intentional Torts - Harm to the Person
    • - False Imprisonment
    • - Infliction of emotional distress
  7. False Imprisonment
    Intentional interference with a person's freedom of movement by unlawful confinement. (Defense: merchants may detain customers in a reasonable manner if there is probable cause)
  8. Infliction of Emotional Distress
    Extreme/outrageous conduct intentionally or recklessly causing sever emotional distress (physical symptoms or illness resulting form the distress is usually required)
  9. Defamation
    (Intentional Torts - Harm to Right of Dignity)
    An oral or written false communication that causes injury to a person's reputation (e.g. holds the person up to hatred, contempt, or ridicule in the community)
  10. Elements of Defamation
    • - Plaintiff must prove the falsity of the defamatory statement.
    • - The communication must be: (1) oral (spoken) communications - slander; (2) written or electronically transmitted - libel
  11. Damages for Libel
    Presumed, plaintiff does not have to show actual injury
  12. Damages for Slander
    Plaintiff must prove actual economic loss
  13. Defenses to defamation
    • - It is the truth
    • - Priviledge: a legal defense to what otherwise is defamation
  14. 3 Types of Privilege apply to Defamation
    • 1.) Absolute Privilege: statements made in court or in legislative debate; between spouses when alone.
    • 2.) Conditional Privilege: employee evaluations or letters of reference (privilege may be forfeited by improper use)
    • 3.) Constitutional Privilege: may comment about public figures if done without malice
  15. Actual Malice
    Statements made with either knowledge of falsity or reckless disregard for the truth.
  16. Invasion of Privacy (4 separate torts)
    • 1.) Appropriation
    • 2.) Intrusion
    • 3.) Public Disclosure of Private Acts
    • 4.) False Light
  17. Appropriation
    Use of another's name or characteristics for commercial purpose w/out owner's consent.
  18. Intrusion
    Unreasonable and highly offensive interferance with a person's solitude or seclusion (only applies when victim has an expectation of privacy on which wrongdoer intrudes)
  19. Public Disclosure of Private Acts
    Offensive publicity of private information
  20. False Light
    Offensive and false publicity about another
  21. Defenses against Invasion of Privacy
    *Same as Defamation

    • - It is the truth
    • - Priviledge: a legal defense to what otherwise is defamation
  22. Real Property
    Land and Buildings
  23. Personal Property
    Everything besides land and buildings (e.g. car, furniture, stocks, etc.)
  24. Trespass - To Real Property
    For real property, occurs when a person, without permission, (1) physically enters onto, above, or below the surface of anothers land; (2) causes anything to enter onto the land; or (3) remains, or permits anything to remain, on the land.
  25. Nuisance
    A non-trespass invasion of another's interest in use and private enjoyment of land. (blaring music)
  26. Trespass - To Personal Property
    Intentional interference with another's use or enjoyment of personal property w/out consent or privilege. ("don't mess with my stuff")
  27. Conversion
    Civil side of criminal theft (it is a type of trespass to personal property)
  28. Intentiona Torts - Harm to Economic Interests
    • - Wrongful Interference with a Contractual Relationship
    • - Disparagement
    • - Fraudulent Misrepresentation
  29. Wrongful Interference with a Contractual Relationship
    Defendant knows about a contract between A and B and intentionally induces A or B to breach the contract, and the defendant benefits from the breach of contract.
  30. Disparagement
    • Intentional or reckless publication of false facts injuring a person's economic interests (e.g. property or products)
    • * Can be slander of quality or slander of title
  31. Fradulent Misrepresentation
    A false statement of fact (not opinion), made with scienter, on which another party relies.