Business Law Chapter 6

Statement of Fact Requirement

Often at issue in defamation lawsuits is whether the defendant made _____. Also known as a statement of opinion. This is under Defamation.

Foreseeability

Questions of proximate cause are linked to the concept of foreseeability because it would be unfair to impose liability on a defendant unless the defendants actions created this type of risk of injury.

Misstatement

Statement that leads a person t think something is different than it actually is.

Causation in Fact

This can usually be determined by the use of the "but for" test: "but for" the wronful act, the injury would not have occurred.

The Publication Requirement

This here means that the defamatory statements are communicated to persons other than the defamed party. The basis of the tort of defamation is the posting of a statement or statements that hold an individual up to contempt, ridicule, or hatred.

Intentional Torts against Property

This includes trespass to land, trespass to personal property, conversion, and disparagement of property.

Assumption of Risk ----

This is a defense to negligence. A plaintiff man no recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed.

Compensatory Damages

This is a monetary award equivalent to the actual value of injuries or damaged sustained by the aggrieved party. They are inteneded to compensate or reimpburse plaintiffs for actual losses. These awards are often brokem down into special damages and general damages

Licensee

This is a person who is invited (or allowed to enter) onto the property of another for this person's benefit

Tort of Causation

This is another necessary element in a negligence action. Courts ask two questions in deciding whether there is this or not.

The Duty of Care and Its Breach

This is central to the tort of negligence. The basic principle underlying the duty of care is that people in society are free to act as they please so long astheir actions do not infringe on the interests of others.

Tort Law

This provides remedies for acts that cause destruction or damage to property. Society recognizes an interest in protecting certain intangible interests, such as personal privacy, family relations, reputation, and dignity. Consequently, this provides remeies for invasion of these interests.

Actual Malice

To be made with this, a statement must be made with either knowledge of it falsity or a reckless disregard of the truth This is the deliberate intent o casue harm that exists when a person mades a statment with either knowledge of its falisty or reckless disregard of the truth. This is required to establish defamation against public figures.

Real Property

Land and things "permanently" attached to the land

Proximate Cause

Legal cause. This exists when the connection between an act and an injury is strong enough to justify imposing liability.

Strict Liability ---

Liability regardless of fault, which is imposed on those engaged in abnormally dangerous activities, on persons who keep dangerous animals, and on manufacturers or sellers that introduce into commerce defective and unreasonably dangerous goods. Liability without fault.

Wrongful Interference with a Contractual Relationship

1 A valid, enforceable contract must exist between two parties 2 A third party must know that this contract exists 3 The third party must intentionally induce a party to breach the contract

Courts Ask Two Questions (Causation)

1. Is there causation in fact? 2. Was the act the proximate cause of the injury?

Defenses to Wrongful Interference

A person can avoid liability for this tort with a contractual or business relationship by showing that the interference was justified or permissible

Tort of Invasion to the Right to Privacy and Appropriation

A person has a right to solitude and freedom from prying public eyes -- in other words, to privacy. Invasion to privacy, Appropriation

Puffery

A salesperson's often exaggerated claims concerning the quality of property offred for sale. Such claims involve opinions rather than facts and are not legally binding promises or warranties. Must have statement of fact

Tort of Assault

A type of intentional tort. This is 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.

Tort of False Imprisonment

A type of intentional tort. This is the intentional confinement or restraint of another person's activities without jusitifcation. This interferes with the freedom to move without restraint. Under the "privilege to detain" granted to merchants in most states, a merchant can use reasonable force to detain or delay a person suspected of shoplifting the merchant's property. General laws require that any detention be conducted to a reasonable manner and for only a reasonable length of time.

Tort of Battery

A type of intentional tort. Unexcused, harmful or offensive, physical contact with another that is intentionally performed. Whether contact is offensive or not is determined by the reasonable person standard.

Torts

A wrongful act (other than breath of contract) that results in harm or injury to another and leads to civil liability This word is French for "wrong"

Intentional Tort

A wrongful act knowingly committed. Against persons: Assault and Battery, False Imprisonment, Intentional Infliction of Emotional Distress, Defamation, Invasion of the Right to Privacy and Appropriation, Fraudulent Misrepresentation, Abusive Frivolous Litigation, Wrongful Interference Against property: Trespass to Land, Personal Property, Disparagement of Property

Tort of Fraudulent Misrepresentation

Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his detriment. This involves intentional deceit for personal gain. For this to occur, more than mere puffery must be involved

Tort of Defamation

Anything published or publicly spoken that causes injury to another's good name, reputation, or character. The law has imposed a general duty on all persons to refrain from making false, _________ statements of fact about others. These are either libel or slander.

The Duty of Professionals

Because these people - such as physicians, dentists, architects, engineers, accountants, and lawyers - are required to have a cretain level of knowledge and training , a higher standard of care applies.

Wrongful Interference with a Business Relationship

Business persons devise countless schemes to attract customers, but they are prohibited from unreasonably interfering with another's business in their attempts to gain a share of the market. There is a difference between competitive methods and predatory behavior.

Tort of Intentional Infliction of Emotional Distress

Courts in most jurisdictions are wary of emotional distress claims and confine them to truly outrageous behavior

Slander

Defamation in oral form.

Libel

Defamation in writing or another form having the quality of permanence (such as a digital recording).

Tort of Trespass to Land

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

Invasion of Privacy

Four acts qualify as this: 1 Intrusion into an individual's affairs or seclusion. 2 False light. 3 Public disclosure of private facts 4 Appropriation of identity.

Public Figures

In general, these are considered fair fame, and false and defamatory statements about them that appear in the media will not constitute defamamation unless the statements are made with actual malice.

Appropriation

In tort law, the use by one person of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the user. Most states today have codified the common law tort of this of identity in statutes that establish the distinct tort of this.

Privilege

In tort law, this is immunity from liability for an action that would otherwise be a tort. There are two types of this: absolute and qualified. Generally, if the statements are made in good faith and the publication is limited to those who have legitimate interest in the communication, the statements fall withi the area of qualified ____.

Statement of Fact Versus Opinion

Normally, the tort of misrepresentation for fraud occurs only when there is reliance on a statement of fact. Sometimes, however the tort may involve relaince on a statement of opinion if the individual making the statement has a superior knowledge of the subject matter.

Defenses against Trespass to Land

One defense to this type of claim is to show that the trespass was warranted--for instance, that the trespasser entered the property to assist someone in danger.

Duty of Care

The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Familure toexercise due care constitutes the tort of negligence.

Duty to Warn Business Invitees of Risks

The landowner has a duty to discover and remove any hidden dangers that might injurre a customer or other invitee.

Trespass Criteria, Rights, and Duties

The real property owner must establish that person as a trespasser. Any person who enters onto your property to commit an illegal act is stablished impliedly as a trespasser without posted signs. At common law, a trespasser is liable for any damage caused to the property and generall connot hold the owner liable for injuries sustained on the premises. This common law rule is being abandoned in many jurisdictions in favor of a reasonable duty of care rule taht varies depending on the status of the parties.

Special Damages

These compensate the plaintiff for quantifiable monetary losses, such as medical expenses, lost wages and benefits, extra costs, the loss of irreplaceable items, and the costs of repairing or replacing damaged property.

Punitive Damages

These may also be awarded in tort cases to punish the wrongdoer and deter others from similar wrongdoing. Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.

The Duty of Landowners

These people are expected to exercise reasonable care to protect persons coming onto their property from harm

Superseding Cause ----

This relieves a defendant of liability for injuries caused by the intervening event.

Tort of Fraudulent Misrepresentation

This tort includes several elements: 1 The misrepresentation of facts or conditions with knowledge that they are false or with reckless disregard for the truth. 2 An intent to induce another to rely on the misrepresentation 3 Justifiable reliance by the deceived party 4 Damage suffered as a result of the reliance 4 Damage suffered as a result of the reliance 5 A causal connection between the misrepresentation and the injury suffered

Tort of Negligence (Unintentional)

This tort occurs when someone suffers injury because of another's failure to live up to a required duty of care. To succeed in this action, the plaintiff must prove each of the following: 1 Duty 2 Breach 3 Causation 4 Damages

The Reasonable Person Standard

Tort law measures duty by this. This is said to be objective. It is society's judgement on how people should act. If the so-called reasonable person existed, he or she would be careful, conscientious, even tempered, and honest.

Defenses Against Defamation

Truth is normally an absolute defense against this charge. Incsome circumstances, a person will not be liable for defamatory statements because she or he enjoys a privelege. Privileged communications, public figures

Damages for Slander

Under Defamation In a case alleging this, the plaintiff must prove special damages to establish the defendant's liability.

Damages for Libel

Under Defamation Once a defendants liability for this is established, general damages are presumed as a matter of law. General damages are designed to compensate the plaintiff for nonspecific hards such as disgrace or dishonor in the eyes of the community, humiliation, injured repuation, and emotional distress -- harms that are difficult to measure.

Attractive Nuisance Doctrine

Under this, children do not assume the risks of the premises if they are attracted to the property by some object, such as a swimming pool, an abandoned building, or a sand pile.

Tort of Conversion

Whenever a person wrong fully possesses or used the personal property of another without permission, this tort occurs.

Tort of Trespass to Personal Property

Wrongfully taking or harming the personal property of another or otherwise interfering with the lawful owner's possession of personal property. Most states, allow automobile repair shops to retain a customer's car (under what is called an artisan's lien) when the customer refuses to pay for repairs already completed.

Business Invitees

A person, such as a customer or client, who is invited onto business premises by the owner of those premises for business purposes. Obvious risks are an exception

Personal Property

Consists of all other items, which are basically movable.

General Damages

These compensate individuals (not companies) for the non monetary aspects of the hard suffered, such as pain and suffering.