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30 Cards in this Set

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A wrongful act that results in harm or injury toanother and leads to a civil liability.

Tort


- A civil wrong, entitling victim to compensation


- Not a crime, but often occurs in connection with one

Wrongful interference with another's business rights and relationships

Business Tort

A monetary award which compensates the aggrieved party (plaintiff) for actual value of injuries or damages sustained. Two types, Special and General.

Compensatory Damages

Compensation for quantifiable losses



Special Damages


- Medical Expenses


- Lost wages

Compensation for individuals (not businesses) for non-monetary aspects of harm suffered

General Damages


- Physical or emotional pain



Monetary Damages awarded by court to punish wrongdoer and deter others from doing same losses.

Punitive Damages

a wrong act which is knowingly committed

Intentional Tort

- Assault


- Battery





One who commits an intentional tort.

Tortfeasor


- Intended to commit the wrongful act which interferes with another person's interests in a way not permitted by law


- Doesn't have to be malicious, Tortfeasor must have deliberately committed the act.

Any word or action intended to make another person fearful of immediate physical harm.

Assault


- Occurs even if there is no actual contact with the plaintiff.

Unexcused, harmful, or offensive physical contact with another that is intentionally performed.

Battery


- Physically injured need not occur


- offensiveness determined by reasonable person standard.

Reason offered and alleged by a defendant relating to alleged actions as to why plaintiff shouldn't recover.

Defense


- self-defense



Intentional confinement or restrain of another person's activities without justification.

False Imprisonment

An extreme and outrageous act, intentionally committed, that results in severe emotional distress to another.

Intentional Infliction of Emotional Distress


- Actions of a Stalker


- Must be so extreme and outrageous that it exceeds the bounds of decency accepted by society.

Anything published or publicly spoken that causes injury to another's name, reputation, or character.

Defamation


- Libel


- Slander

Defamation in writing or another form having the quality of permanence.

Libel


- Digital Recording

Defamation that is spoken

Slander


- Special Damages

Requirements all needed to prove libel or slander:

- False statement


- Factual in nature


-- Modifies first one, fact oriented statement but can be a false statement. not an opinion statement


- Publication: Communicated to a 3rd party


- Causing injury to a person's reputation

General Damages are presumed once all requirements are met.

Damages for Libel

Plaintiff must prove special damages (quantifiable) to establish the defendant's liability (due to temporary nature of spoken word)

Damages for Slander

- Statement was true


- privileged communication (immunity)


-- Absolute Privilege


- Court proceedings


- Legislative debate


- -- Qualified privilege


- Public figure---> unless actual malice

Defenses against Defamation

Statement is made with either knowledge of its falsity or a reckless disregard to the truth.

Actual Malice

1. Intrusion into an individual's affair or seclusion


2. Placing a person in false light by falsely attributing ideas or opinions not held by that person (saying someone believes in something they don't)


3. Public disclosure of private facts about someone which are considered objectionable or embarrassing (making secret info known to others.)


4. Appropriation: Use of a person's name, picture, or other likeness for commercial purposes without person's consent

Invasion of Privacy is embodied by these 4 acts

Fraudulent Misrepresentation (Fraud) Involves intentional deceit (action or practice of deceiving someone by misrepresenting truth) for personal gain based on:

- Misrepresentation of facts or conditions with knowledge that they are false or with reckless disregard for truth


- Differs from puffery, seller's talk, which involves exaggerated claims concerning the quality of goods offered for sale.

Business Related torts

Wrongful Interference

1. A valid, enforceable contract must exist between two parties


2. A third party must know that this contract exists


3. 3rd party must intentionally induce a party to breach contract


- Company poaching employees from its competitor

Wrongful Interference with a Contractual Relationship

Involves actions undertaken with the intention of unlawfully driving competitors completely out of the market (unfair trade practice)

Wrongful Interference with a Business Relationship


- EX. Company stationing an employer at the door of a competitor saying that his/her company will beat its prices

Entry onto, above, or below the surface of land owned by another without owner's permission or legal authorization.

Trespass to land


- Actual harm isn't essential


- Trespasser liable for damage done to land and cannot hold owner liable for injuries sustained on premises.

Children don't assume the risks of the premises if they are attracted to property by some object.

Attractive Nuisance Doctrine



Defenses for Trespassing

- Trespass Warranted (someone needed help)


- Trespasser had license

Wrongfully taking or harming the personal property of another or otherwise interfering with lawful owner's possession of personal property.

trespass to personal property


- Defenses include: Trespass was warranted ( repair shop retaining someone's car when they don't pay the bill)