Business Torts

Libels and Slander defenses p. 2

An employer's statements in written evaluations of employees are an example of a qualified privilege. Generally, if the statements are made in good faith and the publication is limited to those who have a legitimate interest in the communication, the statements fall within the area of qualified privilege.

Business owners duty

Business owners (e.g., CVS pharmacy) owe a business invitee a duty to exercise reasonable care to protect those persons, who are business invitees.

homeowner duty

A homeowner/ renter owe a social invitee a duty to exercise reasonable care to protect persons coming onto their property from harm.

Tort Defense

b. Defense: Consent; Assumption of Risk; Contributory Negligence

c. Assault:

i. intentional and unexcused ii. threat of iii. harmful or offensive iv. contact

slander

1. wrongfully hurting 2. a person's good reputation 3. making false, defamatory statements of fact about others 4. in writing or other permanent form (such as a digital recording

libel

1. wrongfully hurting 2. a person's good reputation 3. making false, defamatory statements of fact about others 4. orally/vocally

Assualt Rule

: this includes words or acts that create in another person a reasonable apprehension of harmful contact.

PUBLIC FIGURES LIBEL AND SLANDER

Public officials who exercise substantial governmental power and any persons in the public limelight are considered public figures. Public figures are considered fair game, and false and defamatory statements about them that appear in the media will not constitute defamation unless statements are made with actual malice. Rule#2: To be made with actual malice, a statement must be made with either knowledge of falsity or a reckless disregard of the truth.

Libels and Slander defenses p. 1

Rule#: In some circumstances, a person will not be liable for defamatory statements because she or he enjoys a privilege, or immunity. Privileged communications are of two types: absolute and qualified. Only in judicial proceedings and certain government proceedings is an absolute privilege granted. Thus, statements made in a courtroom by attorneys and judges during a trial are absolutely privileged, as are statements made by government officials during legislative debate. In other situations, a person will not be liable for defamatory statements because he or she has a qualified, or conditional, privilege.

Trespass Rule

Rule: this includes when defendant causes anything to enter onto the land; or remains on the land or permits anything to remain on it.

I. Intentional a. Prima Facie Case - what are the basic elements you need?

i. Party with burden of proof ii. Provides Sufficient Evidence to iii. Have Valid Claim under Law.

i. Invasion of Right to Privacy:

i. Plaintiff must have a reasonable expectation of privacy ii. Defendant invades plaintiff's reasonable expectation of privacy iii. Defendant's invasion of plaintiff's privacy iv. Is highly offensive.

g. Conversion:

i. a person ii. wrongfully possesses, or iii. uses the personal property of another iv. without permission

e. False Imprisonment

i. intentional ii. confinement or restraint iii. of another person's activities iv. without justification

d. Intentional Infliction of Emotional Distress (IIED):

i. intentional act ii. involving extreme and outrageous conduct iii. that results in severe emotional distress iv. to another

Negligent duty

That the defendant owed a duty of care to the plaintiff to prevent defendant from foreseeable risk of harm.

f. Trespass

a person, ii. without permission, iii. enters onto, above, or below the surface of land iv. that is owned by another