Chapter 4 Tort Law

Intentional Tort

Fault with intent. Intent does not need to have malice behind it. Transfer of intent occurs when you injure someone else that wasn't the original victim.

Unintentional Tort

Fault without intent.

Exception to Infliction of Emotional Distress

First Amendment.

Exception to defamation of public figures

Have to have actual malice.

Battery

If the act that created a sense of threat is completed, it is battery.

What are the two types of privileged communications and what do they mean?

Absolute privilege: Can communicate whatever without fear of libel such as lawyers in court case. Conditional privilege: Can communicate so long as it's done in good faith and limited to interested parties, like feedback.

Exceptions to Having to Prove Special Damages in Cases of Slander

-A statement that another has a loathsome disease. -A statement that someone did dumb shit during business like ordering prostitutes. -A statement that someone has been committed of a serious crime. -A statement that someone is unchaste or engaged in sexual relations.

Conditions for Defamation

-False statement of fact. -Understood as being about the plaintiff and intended to cause harm to plaintiff's reputation. -Was seen by at least one person. -Actual malice (if public figure).

What are the four types of invasion of privacy?

-Intrusion into someone's business, or area of privacy. -Publishing statements in false light. -Public disclosures of private facts. -Appropriation of identity

Fraudulent Misrepresentation

-Misrepresentation of material facts with knowledge they're false or disregard of their truth -INtent to induce a reply of misrepresentation -Justifiable reliance on the misrepresentation by deceived party. -Damages suffered -Causal connection between representation and injury

Privilege to Detain

Business can detain someone if they use reasonable force under.

What types of damages are available in tort suits?

Compensatory damages and punitive damages.

Compensatory damages

Compensatory damages break down into special damages, damages that are quantifiable, and general damages, damages that are not quantifiable.

Punitive Damages

Damages awarded for particularly egregious acts. Awarded in intentional torts and rarely in negligence torts.

Slander

Defamation through speech. Need to prove special harms.

Libel

Defamation through writing. Do not need to prove special harms.

Intentional infliction of Emotional Distress

Extreme or outrageous act, intentionally committed, that results in severe emotional distress. Exceeds the bounds of decency.

False Imprisonment

Intentional confinement or restraint without justification. Can be achieved through physical barriers, physical restraint, or threats of physical force. ***Moral pressure or threats of future harm do not count as false imprisonment.

What are the two basic categories of torts?

Intentional torts and unintentional torts.

What is the purpose of tort law?

To protect against the infraction of protected interests, and to compensate those who have suffered from wrongs

Assault

When someone intends and does not have permission to cause immediate harm unto someone, that cause another person to feel threatened. Includes words and acts.

Defamation

Wrongfully hurting someone's reputation through false statements of fact.