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Categories of torts
- Intentional
- Negligence
- Strict Liability
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Negligence
accidental (without willful intent) event that caused harm to another party
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Intentional Tort
One where the tortfeasor was willful in bringing about a particular event that caused harm to another party
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Strict Liability
where a tortfeasor may be held liable for an act regardless of intent or willfullness, applies primarily in cases of defective products and abnormally dangerous activities (such as a major construction demolition)
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Slander
Oral (spoken) defamation
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Defamatory statement
A false and defamatory statement that subjected a party to hate, contempt, or ridicule.
Must have a tendency to harm the reputation of the plaintiff
The statement must be false (not merely unkind)
Pure opinion (doesn't count)
Must be proven as false
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Dissemination to a third party
Statement must somehow reach the ears or eyes of someon other than the tortfeasor and the victim
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4 requirements of Defamation that the plaintiff must prove
- Defamatory Statement
- Dissemination to a third party
- Specificity
- Damages
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Specificity
The statement must be about a particular party, business or product. Thus, any general statement about a profession as a whole cannot constitute defamation, but a false statement about a company can be the basis of a reputation claim.
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Damages
The aggrieved party must be able to prove that he or she suffered some pecuniary harm.
Examples: include situations where the victim has lost a valuable client due to the tortfeasor's defamatory comment, or the inability of the victim to secure employment because of a tortfeasor's defamatory comment during a reference check
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Pecuniary Harm
Lost revenue or profits, both actual and potential
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Malice
intentional doing of a wrongful act with intent to harm
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Privilege
A defense that recognizes either a legal or public policy based immunity from a defamation claim
Absolute and qualified privilege
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Absolute Privilege
Defendant need not offer any further evidence to assert the defense
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Qualified Privilege
Defendants must offer evidence of good faith and be absent of malice to be shielded from liability
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3 Categories of Absolute Priviliges
- Government officials
- Judicial Officers / proceedings
- State legislators
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Qualified Privilege
- Media- TV, radio, periodicals
- Employers- providing reference for an ex-employee
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Trade Libel
- 1. Clear and specific reference to the disparaged party or product(using the actual brand name of the product)
- 2. Made with either knowledge that the statement was false or reckless disregard for the truth
- 3. Communicated to a third party (similar to defemation)
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Fraudulent Misrepresentation
- 1. Misrepresentation was a material fact known to be false by the tortfeasor (or reckless disregard for the truth)
- 2. The tortfeasor intended to pursuade the innocent party to rely on the statement and the innocent party did, in fact, rely on it
- 3. Damages were suffered by the innocent party
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False Imprisonment
intentional infliction of a confinement upon another party
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Merchants Privilege (False imprisonment)
- Limited detention
- Limited to premises
- Coercion
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Business Competition Torts
Promotion of fairness in business dealings and for the reimbursement of a party that has suffered some damages as a result of a competitor's tortious acts.
Tortious interference with existing contractual relationship
Tortious interference with prospective advantage
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Tortious interference with existing contractual relationship
- Inorder to recover damages the tortfeasor must have
- 1. ad specific knowledge of the contract
- 2. actively interfered with the contract
- 3. Caused some identifiable damages (losses) to the injured party.
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Tortious interference with prospective advantage
Courts only allow recovery for tort under limited circumstances where the tortfeasor's conduct was highly anticompetitive
example: destroying proposal forms, causing missed deadline, thus missing a contract opportinitiy
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Elements of Negligence
- Duty
- Breach of duty
- Cause in fact
- Proximate Cause
- Actual Damages
all 5 items must be proven in order to recover in a lawsuit
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Duty
Did the tortfeasor owe a duty of care to the injured party
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Breach of duty
Did the tortfeasor fail to exercise reasonable care
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Cause in Fact
Except for the breach in duty by the tortfeasor, would the injured party have suffered damages?
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Proximate Cause
Was there a legally recognized and close in proximity link between the breach of duty and the damages suffered by the injured party.
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Actual Damages
Did the injured party suffer some physical harm that resulted in identifiable losses
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