BLaw chp 6

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BLaw chp 6
2012-09-29 15:03:53
Business Law Chapter

Chapter 6
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  1. Tort
    a civil wrong not arising from a breach of contract. A breach of a legal duty that prosimately cuases harm or injury to another
  2. Two Notions basis of all Torts
    • Wrongs
    • Compensation
  3. Tort Law is designed to:
    • Compensate those who have suffered a loss or injury due to another person's wrongful act
    • Provide remedies for the invasion of various protected interests
  4. Damages Available in Tort Actions
    • Compensatory Damages
    • Punitive Damages
  5. Compensatory Damages
    • intended to compensate or reminburse a plaintiff for actual losses
    • broken down into special and general damages
    • special: compensate for quantifiable monetary losses, such as medical expenses
    • general: compensate for nonmonetary aspects, such as pain and suffering
  6. Punitive Damages
    • these punish the wrondoer and deter others from similar wrongdoing
    • available mainly in intentional tort actions and only rarely in negligence lawsuits
    • gross negligence: intentional failure to perform a manifest duty in reckless disregard of the consequences
  7. Critics of Tort Reform
    • encourages trivial and unfounded lawsuits, which clog the courts and is unnecessarily costly
    • damages awards are often excessive (violates due process clause)
  8. Intentional Tort
    • requires intent
    • includes: assault & battery, false imprisonment, infliction of emotional distress, defamation, etc.
  9. Tortfeasor
    the one committing the tort
  10. Assault
    any intentional and unexcused threat of immediate harmful or offensive contact, including words or acts that create in another person a reasonable apprehension of harmful contact
  11. Battery
    • unexcused and harmful or offensive physical contact intentionally performed;
    • physically injury need not occur, can be something attached to the person (hat, held item, etc)
    • *reasonable person standard*
  12. False Imprisonment
    • intentional confinement or restraint of another person's activities without justification;
    • essential that the person being restrained not agree to the restraint
  13. Intentional Infliction of Emotional Distress
    intentional act that amounts to extreme and outrageous conduct resulting in sever emotional distress to another
  14. Actionable
    capable of serving as the ground for a lawsuit
  15. Defamation of Character
    • involves wronfully hurting a person's good reputation
    • also arises when false statment of fact is made about a person's product, business or legal ownership rights to property
  16. Libel
    defamation in writing or other form (such as in videotape) having the quality of permanence 
  17. Slander
    defamation in oral form
  18. Publication Requirement
    • basis of the tort of defamation;
    • publication of a statement(s) that hold an individual up to contempt, ridicule or hatred
  19. Damages for Slander
    plaintiff must prove special damages to establish the defendant's liability, in other words, must show that the slanderous statement caused him/her to suffer actual economic or monetary losses
  20. Privileged Speech
    • a person will not be liable for defamatory statements because she/he enjoys a privilege, or immunity.
    • two types: absolute & qualified
  21. Actual Malice
    a statement must be made with either knowledge of its falsity or a reckless disregard of the truth
  22. 4 acts qualify as Invasion of Privacy
    • appropriation of identity
    • intrusion into an individuals affairs or seclusion
    • false light
    • public disclosure of private facts
  23. Appropriation of Identity
    • using a person's name, picture or other likeness for commercial purposes without permission
    • aka right of publicity
  24. Intrusion into an Individual's affirs or seclusion
    • invading someone's home or searching someone's personal computer without authorization
    • extends to eavesdropping by wiretap, unauthorized scanning of a bank account, compulsory blood testing, etc
  25. Fraudulent Misrepresentation
    • aka fraud
    • involves intentional deceit for personal gain
  26. Abuse of Process
    apply to any person using a legal process against another in an improper manner or to accomplish a purpose for which the process was not designed
  27. Business Torts
    apply only to wrongful interferences with the business rights of others
  28. Wrongful Interference with a Contractual Relationship
    3 elements necessary:
    • valid, enforceable contract must exist between two parties
    • third party must konw that this contract exists
    • third party must intentionally induce a party to the contract to breach the contract
  29. Wrongful Interference with a Business Relationship
    must prove that the defendant used predatory methods to intentionally harm an established business relationship or prospective economic advantage
  30. Defenses to Wrongful Interference
    show that the interference was justified, or permissible; bona finde competitive behavior is a permissible interference even if it results in the breaking of a contract
  31. Real Property
    land and things permanently attached to the land
  32. Personal Property
    consists of all other items, which are basically movable
  33. Trespass to Land
    occurs any time a person, without permission, enters onto, above or below the surface of land that is owned by another; causes anything to enter onto the land, or remains on the land or permits anything to remain on it
  34. Trespass to Personal Property
    • whenever any individual wrongfully takes or harms the personal property of another or otherwise interferes with the lawful owner's possession and enjoyment of personal property
    • aka trespass to chattels or trespass to personalty
  35. Conversion
    whenever a person wrongfully possesses or uses the personal property of another without permission 
  36. Disparagement of Property
    • occurs when economically injurious falsehoods are made about another's product or property rather than about another's reputation
    • general term for slander of quality or slander of title
  37. Slander of Quality (or trade libel)
    publication of false information about another's product, alleging that it is not what its seller claims
  38. Slander of Title
    when a publication falsely denies or casts doubt on another's legal ownership of property, resulting in financial loss to the property's owner
  39. Cyber Torts
    torts committed via the internet