Law and Ethics- Chapter 9

• Intentional
• Negligence
• Strict Liability

accidental (without willful intent) event that caused harm to another party

One where the tortfeasor was willful in bringing about a particular event that caused harm to another party

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)

written defamation

Oral (spoken) defamation

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

Statement must somehow reach the ears or eyes of someon other than the tortfeasor and the victim

• Defamatory Statement
• Dissemination to a third party
• Specificity
• Damages

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.

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

Lost revenue or profits, both actual and potential

intentional doing of a wrongful act with intent to harm

A defense that recognizes either a legal or public policy based immunity from a defamation claim

Absolute and qualified privilege

Defendant need not offer any further evidence to assert the defense

Defendants must offer evidence of good faith and be absent of malice to be shielded from liability

• Government officials
• Judicial Officers / proceedings
• State legislators

• Media- TV, radio, periodicals
• Employers- providing reference for an ex-employee

• 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)

• 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

intentional infliction of a confinement upon another party

• Limited detention
• Limited to premises
• Coercion

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

• 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.

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

• Duty
• Breach of duty
• Cause in fact
• Proximate Cause
• Actual Damages

all 5 items must be proven in order to recover in a lawsuit

Did the tortfeasor owe a duty of care to the injured party

Did the tortfeasor fail to exercise reasonable care

Except for the breach in duty by the tortfeasor, would the injured party have suffered damages?

Was there a legally recognized and close in proximity link between the breach of duty and the damages suffered by the injured party.

Did the injured party suffer some physical harm that resulted in identifiable losses