MGT 301 CH4 Tort Law

Comparative Negligence

A rule in tort law, used in the majority of states, that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely. Under this standard, both the plaintiff 's and the defendant's negligence are computed, and the liability for damages is distributed accordingly. Some jurisdictions have adopted a "pure" form of comparative negligence that allows a plaintiff to recover, even if the extent of his or her fault is greater than that of the defendant. For instance, if a plaintiff was 80 percent at fault and the defendant 20 percent at fault, the plaintiff may recover 20 percent of his or her damages. Many states' comparative negligence statutes, however, contain a "50 percent" rule that prevents a plaintiff from recovering any damages if she or he was more than 50 percent at fault. Under this rule, a plaintiff who is 35 percent at fault could recover 65 percent of his or her damages, but a plaintiff who is 65 percent at fault could recover nothing.

Privilege

A special right, advantage, or immunity that enables a person or a class of persons to avoid liability for defamation.

Trespass Damages

At common law, a trespasser is liable for any damage caused to the property and generally cannot hold the owner liable for injuries sustained on the premises.

Actionable

Capable of serving as the basis of a lawsuit. An actionable claim can be pursued in a lawsuit or other court action.

Invasion of Privacy

Generally, to sue successfully for an invasion of privacy, a person must have a reasonable expectation of privacy, and the invasion must be highly offensive.

EXAMPLE 4.11 A female sports reporter for ESPN is digitally videoed while naked through the peephole in the door of her hotel room.

If she sues, she will likely win a lawsuit against the man who took the video and posted it on the Internet. Invasion of Privacy

Tort Reform

1. Limiting the amount of both punitive damages and general damages that can be awarded. 2. Capping the amount that attorneys can collect in contingency fees (attorneys' fees that are based on a percentage of the damages awarded to the client). 3. Requiring the losing party to pay both the plaintiff's and the defendant's expenses.

Injury Requirement and Damages

1. must have legally recognizable injury (suffer some loss, harm, wrong, or invasion of a protected interest) 2. no injury, no recovery For a tort to have been committed, the plaintiff must have suffered a legally recognizable injury. To recover damages (receive compensation), the plaintiff must have suffered some loss, harm, wrong, or invasion of a protected interest. If no harm or injury results from a given negligent action, there is nothing to compensate — and no tort exists

Intentional Torts against Property

1. trespass to land 2. trespass to personal property 3. conversion 4. disparagement of property

Forseeability

Questions of proximate cause are linked to the concept of foreseeability. It would be unfair to impose liability on a defendant unless the defendant's actions created a foreseeable risk of injury. The court stated that here "there was nothing in the situation to suggest to the most cautious mind that the parcel wrapped in newspaper would spread wreckage through the station." The court thus concluded that the railroad guards were not negligent with respect to Palsgraf, because her injury was not reasonably foreseeable.

Business owners can be liable for nearly any fall or other injury that occurs on business premises.

True

Special Damages

In a tort case, an amount awarded to compensate the plaintiff for quantifiable monetary losses, such as medical expenses, property damage, and lost wages and benefits (now and in the future) , extra costs, the loss of irreplaceable items, and the costs of repairing or replacing damaged property.

proximate cause

Legal cause. It exists when the connection between an act and an injury is strong enough to justify imposing liability. Courts use proximate cause to limit the scope of the defendant's liability to a subset of the total number of potential plaintiffs that might have been harmed by the defendant's actions. Proximate cause can be thought of in terms of social policy. Should the defendant be made to bear the loss instead of the plaintiff?

Outrageous Conduct (IIED)

Outrageous conduct = conduct exceeds all bounds of decency tolerated in a civilized society • mere insults are not outrageous usually • context is important Generally, repeated annoyances (such as those experienced by a person who is being stalked), coupled with threats, are sufficient to support a claim.

revenge pornography

"The online distribution of sexually explicit images of a non-consenting individual with the intent to humiliate that person." Until relatively recently, few states had criminal statutes that covered revenge porn. Therefore, victims have sued on the basis of (1) invasion of privacy, (2) public disclosure of private facts, and (3) intentional infliction of emotional distress. The most egregious form of revenge porn occurs when the perpetrator provides detailed information about the victim. Such Invasion of Privacy information may include the victim's name, Facebook page, address, and phone number, as well as the victim's workplace and children's names. This information, along with the sexually explicit photos and videos, are posted on hosting Web sites.

If a false statement constitutes "slander per se," no proof of special damages is required for it to be actionable. The following four types of false utterances are considered to be slander per se:

1. A statement that another has a loathsome disease (historically, leprosy and sexually transmitted diseases, but now also including allegations of mental illness). 2. A statement that another has committed improprieties while engaging in a business, profession, or trade. 3. A statement that another has committed or has been imprisoned for a serious crime. 4. A statement that a person (usually only unmarried persons and sometimes only women) is unchaste or has engaged in serious sexual misconduct.

Slander

defamation in oral form

EXAMPLE 4.13 An advertising agency asks a singer with a distinctive voice and stage presence to do a marketing campaign

for a new automobile. The singer rejects the offer. If the agency then uses someone who imitates the singer's voice and dance moves in the ad, this would be actionable as an appropriation of identity. Appropriation of Identity

Damages for Libel

general damages (defined earlier) are presumed as a matter of law. General damages are designed to compensate the plaintiff for nonspecific harms such as disgrace or dishonor in the eyes of the community, humiliation, injured reputation, and emotional distress—harms that are difficult to measure. In other words, to recover general damages in a libel case, the plaintiff need not prove that she or he was actually harmed in any specific way as a result of the libelous statement.

Contingency Fee

the fee paid to an attorney based on a percentage of the sum the client is awarded or settles for in a lawsuit

The key difference between the torts of abuse of process and malicious prosecution is

the level of proof required to succeed. Unlike malicious prosecution, abuse of process is not limited to prior litigation and does not require the plaintiff to prove malice. It can be based on the wrongful use of subpoenas, court orders to attach or seize real property, or other types of formal legal process.

Minimizing Business Tort Liability

1. Constantly inspect the premises and look for areas where customers or employees might trip, slide, or fall. Take corrective action whenever you find a problem. 2. Train employees on the importance of periodic safety inspections and the procedures for reporting unsafe conditions. 3. Routinely maintain all business equipment (including vehicles). 4. Check with your liability insurance company for suggestions on improving the safety of your premises and operations. 5. Make sure that your general liability policy will adequately cover the potential exposure of the business, and reassess your coverage annually. 6. Review the background and qualifications of individuals you are considering hiring as employees or agents. 7. Investigate and review all negligence claims promptly. Most claims can be settled at a lower cost before a lawsuit is filed.

To succeed in a negligence action, the plaintiff must prove each of the following:

1. Duty. That the defendant owed a duty of care to the plaintiff. 2. Breach. That the defendant breached that duty. 3. Causation. That the defendant's breach caused the plaintiff's injury. 4. Damages. That the plaintiff suffered a legally recognizable injury.

Four acts to qualify as invasion of privacy:

1. Intrusion into an individual's affairs or seclusion. 2. False light. 3. Public disclosure of private facts. 4. Appropriation of identity.

To establish defamation, a plaintiff normally must prove the following:

1. The defendant made a false statement of fact. 2. The statement was understood as being about the plaintiff and tended to harm the plaintiff's reputation. 3. The statement was published to at least one person other than the plaintiff. 4. In addition, if the plaintiff is a public figure, she or he must prove actual malice.

Fraudulent Misrepresentation has 5 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. 5. A causal connection between the misrepresentation and the injury suffered.

Defenses to Defamation

1. truth 2. privilege Truth is normally an absolute defense against a defamation charge. In other words, if the defendant in a defamation suit can prove that his or her allegedly defamatory statements were true, normally no tort has been committed. Other defenses to defamation may exist if the statement is privileged or concerns a public figure. Note that the majority of defamation actions in the United States are filed in state courts, and the states may differ both in how they define defamation and in the particular defenses they allow, such as privilege

EXAMPLE 4.12 An Arkansas newspaper prints an article with the headline "Special Delivery: World's oldest newspaper carrier,

101, quits because she's pregnant!" Next to the article is a picture of a ninety-six-year-old woman who is not the subject of the article (and not pregnant). If she sues the paper for invasion of privacy, she will probably win. False Light

Causation

A cause and effect relationship in which one variable controls the changes in another variable. If a person breaches a duty of care and someone suffers an injury, the wrongful act must have caused the harm for it to constitute the tort of negligence. Courts Ask Two Questions In deciding whether there is causation, the court must address two questions: 1. Is there causation in fact? 2. Was the act the proximate cause of the injury? Both questions concerning causation must be answered in the affirmative for tort liability to arise. If a defendant's action constitutes causation in fact but a court decides that the action was not the proximate cause of the plaintiff's injury, the causation requirement has not been met—and the defendant normally will not be liable to the plaintiff.

CASE EXAMPLE 4.5 Police arrested Adetokunbo Shoyoye for an unpaid sub- way ticket and for a theft that had been committed by someone who had stolen his identity.

A court ordered that he be released, but a county employee mistakenly confused Shoyoye's paperwork with that of another person, who was scheduled to be sent to state prison. As a result, instead of being released, Shoyoye was held in county jail for more than two weeks. Shoyoye later sued the county for false imprisonment and won. False Imprisonment

Assumption of Risk

A defense to negligence that bars a plaintiff from recovering for injuries or damage suffered as a result of risks he or she knew of and voluntarily assumed. requires two elements: 1. Knowledge of the risk. 2. Voluntary assumption of the risk. This defense is frequently asserted when a plaintiff is injured during recreational activities that involve known risk, such as skiing and skydiving. Courts do not apply the assumption of risk doctrine in certain situations, such as those involving emergencies, however. Assumption of risk can apply not only to participants in sporting events, but to spectators and bystanders who are injured while attending those events.

Res Ipsa Loquitur

A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means "the facts speak for themselves." Generally, in lawsuits involving negligence, the plaintiff has the burden of proving that the defendant was negligent. In certain situations, however, the courts may infer that negligence has occurred under the doctrine of res ipsa loquitur. Then the burden of proof rests on the defendant to prove that she or he was not negligent. This doctrine is applied only when the event creating the damage or injury is one that ordinarily would occur only as a result of negligence. It must be caused by something within the exclusive control of the defendant, and it must not have been due to any act on the part of the injured party. Train Derailments, falling elevators etc.

transferred intent

A legal principle under which a person who intends to harm one individual, but unintentionally harms a second person, can be liable to the second victim for an intentional tort.

CASE EXAMPLE 4.15 A landmark case involved an opera singer, Johanna Wagner, who was under contract to sing for a man named Lumley for a specified period of years.

A man named Gye, who knew of this contract, nonetheless "enticed" Wagner to refuse to carry out the agreement, and Wagner began to sing for Gye. Gye's action constituted a tort because it wrongfully interfered with the contractual relationship between Wagner and Lumley. (Of course, Wagner's refusal to carry out the agreement also entitled Lumley to sue Wagner for breach of contract.) Wrongful Interference with a Contractual Relationship

Compensatory Damages

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party. Thus, the goal is to make the plaintiffs whole and put them in the same position that they would have been in had the tort not occurred.

damages

A monetary award sought as a remedy for a breach of contract or a tortious action.

business invitee

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

Forum Shopping

A plaintiff choosing a court in which to sue because he or she believes the court will rule in the plaintiff's favor.

Defense

A reason offered by a defendant in an action or lawsuit as to why the plaintiff should not recover or establish what she or he seeks.

Contributory Negligence

A rule in tort law, used in only a few states, that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff's own fault. A legal defense that may be raised when the defendant feels that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff. Under this rule, no matter how insignificant the plaintiff's negligence was relative to the defendant's negligence, the plaintiff was precluded from recovering any damages. Today, few jurisdictions follow this rule.

Puffery

A salesperson's exaggerated claims concerning the quality of goods offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties. seller's talk Fraud exists only when a person represents as a fact something she or he knows is untrue. For instance, it is fraud to claim that a roof does not leak when one knows it does. Facts are objectively ascertainable, whereas seller's talk is not. "I am the best accountant in town" is seller's talk because best is subjective.

Good Samaritan Statute

A state statute stipulating that persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence, unless they act recklessly, thereby causing further harm. These laws were passed largely to protect physicians and medical personnel who voluntarily render medical services in emergency situations to those in need, such as individuals hurt in car accidents.

Dram Shop Acts

A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication. Some states' statutes also impose liability on social hosts (persons hosting parties) for injuries caused by guests who became intoxicated at the hosts' homes. Under these statutes, it is unnecessary to prove that the tavern owner, bartender, or social host was negligent.

Malicious Prosecution

A tort in which one person wrongfully subjects another to criminal or civil litigation for the sole purpose of causing problems for that other person, often in retaliation for previous litigation between the two. If a party initiates a lawsuit out of malice and without a legitimate legal reason

Torts

A wrongful act (other than a breach of contract) that results in harm or injury to another and leads to civil liability. Through tort law, society compensates those who have suffered injuries as a result of the wrongful conduct of others. Two notions serve as the basis of all torts: wrongs and compensation. Tort law is designed to compensate those who have suffered a loss or injury due to another person's wrongful act. In a tort action, one person or group brings a personal suit against another person or group to obtain compensation (monetary damages) or other relief for the harm suffered.

Intentional Tort

A wrongful act knowingly committed. requires intent In tort law, intent means only that the person intended the consequences of his or her act or knew with substantial certainty that certain consequences would result from the act. The law generally assumes that individuals intend the normal consequences of their actions. In intentional tort actions, the defendant must intend to commit the act, but need not have intended to cause harm to the plaintiff. An evil or harmful motive is not required—in fact, the person committing the action may even have a beneficial motive for committing what turns out to be a tortious act.

Causation in fact (actual cause)

An act or omission without which an event would not have occurred. Did the injury occur because of the defendant's act, or would it have occurred anyway? If an injury would not have occurred without the defendant's act, then there is causation in fact.

Negligence Per Se

An action or failure to act in violation of a statutory requirement. may occur if an individual violates a statute or ordinance and thereby causes the kind of harm that the statute was intended to prevent. The statute must clearly set out what standard of conduct is expected, when and where it is expected, and of whom it is expected. The standard of conduct required by the statute is the duty that the defendant owes to the plaintiff, and a violation of the statute is the breach of that duty.

Disparagement of Property

An economically injurious falsehood about another's product or property. rather than about another's reputation (as in the tort of defamation). Disparagement of property is a general term for torts specifically referred to as slander of quality or slander of title.

Superseding Cause

An intervening force or event that breaks the connection between a wrongful act and an injury to another; in negligence law, a defense to liability. An unforeseeable intervening event may break the connection between a wrongful act and an injury to another. If so, the event acts as a superseding cause—that is, it relieves a defendant of liability for injuries caused by the intervening event.

EXAMPLE 4.25 While riding his bicycle, Derrick negligently hits Julie, who is walking on the sidewalk.

As a result of the impact, Julie falls and fractures her hip. While she is waiting for help to arrive, a small plane crashes nearby and explodes, and some of the fiery debris hits her, causing her to sustain severe burns. Derrick will be liable for Julie's fractured hip because the risk of hitting her with his bicycle was foreseeable. Normally, though, Derrick will not be liable for the burns caused by the plane crash, because the risk of a plane's crashing nearby and injuring Julie was not foreseeable. Superseding Cause

State Level (tort reform)

At the state level, about half of the states have limited damages—or banned punitive damages—especially in medical malpractice cases. more than half of the states have placed caps ranging from $250,000 to $750,000 on non-economic general damages (for instance, pain and suffering), especially in medical malpractice suits. More than thirty states have limited punitive damages, with some imposing outright bans Note, though, that the highest courts in about half a dozen states have declared their states' damages caps to be unconstitutional.

CASE EXAMPLE 4.22 Giorgio's Grill in Hollywood, Florida, is a restaurant that becomes a nightclub after hours.

At those times, traditionally—as the manager of Giorgio's knew—the staff and customers throw paper napkins into the air as the music plays. The napkins land on the floor, but no one picks them up. One night, Jane Izquierdo went to Giorgio's. Although she had been to the club on other occasions and knew about the napkin-throwing tradition, she slipped on a napkin and fell, breaking her leg. She sued Giorgio's for negligence but lost at trial because the jury found that the risk of slipping on the napkins was obvious. A state appellate court reversed, however, holding that the obviousness of a risk does not discharge a business owner's duty to its invitees to maintain the premises in a safe condition. Duty of Care / Landowners

EXAMPLE 4.17 If Antonio's Meats advertises so effectively that it induces Sam's Restaurant to break its contract with Burke's Meat Company,

Burke's will be unable to recover against Antonio's Meats on a wrongful interference theory. After all, the public policy that favors free competition in advertising outweighs any possible instability that such competitive activity might cause in contractual relations. Defense to Wrongful Interference

Class Action Fairness Act of 2005

Federal Action: Moves class action suits of more than $5 million from the state to federal courts The CAFA prevents plaintiffs' attorneys from forum shopping—looking for a court based on whether the court is likely to provide a favorable judgment. Previously, multiple courts often had jurisdiction over class-action claims. Plaintiffs' attorneys naturally chose to bring suit in state courts that were known to be sympathetic to their clients' cause and predisposed to award large damages. Now, under the CAFA, state courts no longer have jurisdiction over class actions.

CASE EXAMPLE 4.26 A kidney donor, Darnell Backus, sustained injuries to his cervical spine and to the muscles on the left side of his body as a result of the surgery to harvest his kidney.

He sued the hospital and physicians involved in the transplant operation for damages. Backus asserted res ipsa loquitor because the injury was of the kind that ordinarily does not occur in the absence of someone's negligence. The burden of proof shifted to the defendants, and because they failed to show that they had not been negligent, Backus won. Burden of proof after shift due to "facts speak for themselves"

EXAMPLE 4.18 Kelly takes Ryan's business law book as a practical joke and hides it so that Ryan is unable to find it for several days before the final examination.

Here, Kelly has engaged in a trespass to personal property. (Kelly has also committed the tort of conversion) Trespass to Personal Property

EXAMPLE 4.9 Jorge worked at Facebook for five years and was being considered for a management position.

His supervisor, Lydia, wrote a memo about Jorge's performance to those evaluating him for the management position. The memo contained certain negative statements. As long as Lydia honestly believed that what she wrote was true and limited her disclosure to company representatives, her statements would likely be protected by a qualified privilege. Privileged Communications

Duty of Professionals

Professionals may owe higher duty of care based on special education, skill or intelligence. Breach of duty is called professional malpractice. required to have a standard minimum level of special knowledge and ability. In determining what constitutes reasonable care, the law takes their training and expertise into account. Thus, an accountant's conduct is judged not by the reasonable person standard, but by the reasonable accountant standard.

EXAMPLE 4.24 If you carelessly bump into a passerby, who stumbles and falls as a result, you may be liable in tort if the passerby is injured in the fall.

If the person is unharmed, however, there normally cannot be a suit for damages because no injury was suffered. Injury Requirement

False light.

Publication of information that places a person in a false light is also an invasion of privacy. For instance, writing a story about a person that attributes ideas and opinions not held by that person is an invasion of privacy. (Publishing such a story could involve the tort of defamation as well.)

EXAMPLE 4.21 Liz enters a supermarket, slips on a wet floor, and sustains injuries as a result.

If there was no sign warning that the floor was wet when Liz slipped, Roy, the owner of the supermarket, would be liable for damages. A court would hold that Roy was negligent because he failed to exercise a reasonable degree of care in protecting the store's customers against foreseeable risks about which he knew or should have known. That a patron might slip on the wet floor and be injured was a foreseeable risk, and Roy should have taken care to avoid this risk or to warn Liz of it (by posting a sign or setting out orange cones, for instance). Duty to Warn Business Invitees of Risks

General Damages

In a tort case, an amount awarded to compensate individuals for the non-monetary aspects of the harm suffered, such as pain and suffering; not available to companies. A court might award general damages for physical or emotional pain and suffering, loss of companionship, loss of consortium (losing the emotional and physical benefits of a spousal relationship), disfigurement, loss of reputation, or loss or impairment of mental or physical capacity.

Damages for Slander

In contrast to cases alleging libel, in a case alleging slander, the plaintiff must prove special damages (defined earlier) to establish the defendant's liability. In other words, the plaintiff must show that the slanderous statement caused the plaintiff to suffer actual economic or monetary losses. Unless this initial hurdle of proving special damages is overcome, a plaintiff alleging slander normally cannot go forward with the suit and recover any damages. This requirement is imposed in cases involving slander because slanderous statements have a temporary quality. In contrast, a libelous (written) statement has the quality of permanence, can be circulated widely, especially through social media, and usually results from some degree of deliberation on the part of the author.

EXAMPLE 4.16 A shopping mall contains two athletic shoe stores: Joe's and Ultimate Sport.

Joe's cannot station an employee at the entrance of Ultimate Sport to divert customers by telling them that Joe's will beat Ultimate Sport's prices. This type of activity constitutes the tort of wrongful interference with a business relationship, which is commonly considered to be an unfair trade practice. If this activity were permitted, Joe's would reap the benefits of Ultimate Sport's advertising. Wrongful interference with a business relationship

Real Property

Land and everything permanently attached to it Personal property consists of all other items, which are basically movable. Thus, a house and lot are real property, whereas the furniture inside the house is personal property. Cash and stocks and bonds are also personal property.

Duty of Landowners

Landowners are expected to exercise reasonable care to protect persons coming onto their property from harm. In some jurisdictions, landowners are held to owe a duty to protect even trespassers against certain risks. Landowners who rent or lease premises to tenants are expected to exercise reasonable care to ensure that the tenants and their guests are not harmed in common areas, such as stairways, entryways, and laundry rooms.

Strict Liability Tort

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. Courts apply the doctrine of strict liability in such cases because of the extreme risk of the activity. For instance, even if blasting with dynamite is performed with all reasonable care, there is still a risk of injury. Because of the potential for harm, the person who is engaged in an abnormally dangerous activity—and benefits from it—is responsible for paying for any injuries caused by that activity. Although there is no fault, there is still responsibility because of the dangerous nature of the undertaking.

EXAMPLE 4.20 Juan walks up to Maya and intentionally shoves her.

Maya falls and breaks an arm as a result. In this situation, Juan has committed an intentional tort (assault and battery). If Juan carelessly bumps into Maya, however, and she falls and breaks an arm as a result, Juan's action will constitute negligence. In either situation, Juan has committed a tort. Tort vs. Negligence

CASE EXAMPLE 4.27 A Delaware statute states that anyone "who operates a motor vehicle and who fails to give full time and attention to the operation of the vehicle" is guilty of inattentive driving.

Michael Moore was cited for inattentive driving after he collided with Debra Wright's car when he backed a truck out of a parking space. Moore paid the ticket, which meant that he pleaded guilty to violating the statute. The day after the accident, Wright began having back pain, which eventually required surgery. She sued Moore for damages, alleging negligence per se. The Delaware Supreme Court ruled that the inattentive driving statute set forth a sufficiently specific standard of conduct to warrant application of negligence per se. Negligence per se

Punitive Damages

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future. are appropriate only when the defendant's conduct was particularly egregious (flagrant) or reprehensible (blameworthy). are normally available mainly in intentional tort actions and only rarely in negligence lawsuits may be awarded, however, in suits involving gross negligence, which can be defined as an intentional failure to perform a manifest duty in reckless disregard of the effect on the life or property of another.

statement of opinion

Normally, the tort of misrepresentation or fraud occurs only when there is reliance on a statement of fact. Sometimes, however, the tort may involve reliance on a statement of opinion if the individual making the statement has a superior knowledge of the subject matter. For instance, when a lawyer makes a statement of opinion about the law in a state in which the lawyer is licensed to practice, a court would treat it as a statement of fact.

Statement of Fact

Often at issue in defamation lawsuits (including online defamation, discussed in Chapter 7) is whether the defendant made a statement of fact or a statement of opinion. Statements of opinion normally are not actionable because they are protected under the First Amendment. In other words, making a negative statement about another person is not defamation unless the statement is false and represents something as a fact (for instance, "Lane cheats on his taxes") rather than a personal opinion (for example, "Lane is a jerk").

absolute privilege

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.

It can be difficult to determine whether a risk is obvious.

Regardless, you can be held liable if you fail to discover hidden dangers on business premises that could cause injuries to customers. Thus, you should post warnings of any conceivable risks on the property. Be vigilant and frequently reassess potential hazards. Train your employees to be on the lookout for possibly dangerous conditions at all times and to notify a supervisor immediately if they notice something. Remember that a finding of liability in a single lawsuit can leave a small enterprise close to bankruptcy. To prevent potential negligence liability, make sure that your business premises are as safe as possible for all persons who might be there, including children, senior citizens, and individuals with disabilities.

Battery

Physical contact with another that is unexcused, harmful or offensive, and intentionally performed. If the act that created the apprehension is completed and results in harm to the plaintiff The contact can be harmful, or it can be merely offensive (such as an unwelcome kiss). Physical injury need not occur. The contact can be made by the defendant or by some force set in motion by the defendant, such as a rock thrown by the defendant. Whether the contact is offensive or not is determined by the reasonable person standard. If the plaintiff shows that there was contact, and the jury (or judge, if there is no jury) agrees that the contact was offensive, the plaintiff has a right to compensation. A plaintiff may be compensated for the emotional harm resulting from a battery, as well as for physical harm.

Duty to Warn Business Invitees of Risks

Retailers and other firms that explicitly or implicitly invite persons to come onto their premises are usually charged with a duty to exercise reasonable care to protect these business invitees. The duty normally requires store owners to warn business invitees of foreseeable risks about which the owners knew or should have known. The landowner also has a duty to discover and remove any hidden dangers that might injure a customer or other invitee. Store owners have a duty to protect customers from potentially slipping and injuring themselves on merchandise that has fallen off the shelves, for instance.

EXAMPLE 4.28 Ludley drives down a street but fails to see a stop sign because he is trying to quiet his squabbling children in the car's back seat.

Salter, who is standing on the curb, realizes that Ludley is about to hit a pedestrian and runs into the street to push the pedestrian out of the way. If Ludley's vehicle hits Salter instead, Ludley will be liable for Salter's injury, as well as for any injuries the other pedestrian sustained. Danger Invites Rescue

EXAMPLE 4.29 Selena hosts a Super Bowl party at which Raul, a minor, sneaks alcoholic drinks.

Selena is potentially liable for damages resulting from Raul's drunk driving after the party. Dram Shop Acts

Obvious Risks Are an Exception

Some risks, of course, are so obvious that the owner need not warn of them. For instance, a business owner does not need to warn customers to open a door before attempting to walk through it. Other risks, however, may seem obvious to a business owner but may not be so to someone else, such as a child. In addition, even if a risk is obvious, that does not necessarily excuse a business owner from the duty to protect customers from foreseeable harm.

In general, public figures are considered

fair game, and false and defamatory statements about them that appear in the media will not constitute defamation unless the statements are made with actual malice.11 To be made with actual malice, a statement must be made with either knowledge of its falsity or a reckless disregard of the truth. Statements about public figures, especially when made via a public medium, are usually related to matters of general interest. They are made about people who substantially affect all of us. Furthermore, public figures generally have some access to a public medium for answering disparaging (belittling) falsehoods about themselves, whereas private individuals do not. For these reasons, public figures have a greater burden of proof in defamation cases (they must prove actual malice) than do private individuals.

libel tourism

forum shopping on an international scale. Rather than filing a defamation lawsuit in the United States, where the freedoms of speech and press are strongly protected, a plaintiff files it in a foreign jurisdiction where there is a greater chance of winning.

Courts exercise great restraint in granting punitive damages to plaintiffs in tort actions because

punitive damages are subject to the limitations imposed by the due process clause of the U.S. Constitution. The United States Supreme Court has held that, when an award of punitive damages is grossly excessive, it furthers no legitimate purpose and violates due process requirements. Consequently, an appellate court will sometimes reduce the amount of punitive damages awarded to a plaintiff because the amount was excessive and thereby violates the due process clause.

Persons who keep wild animals, for example, are

strictly liable for any harm inflicted by the animals. In addition, an owner of domestic animals may be strictly liable for harm caused by those animals if the owner knew, or should have known, that the animals were dangerous or had a propensity to harm others.

Historically, the tort of conversion was limited to

tangible property and did not apply to intangible property (with an exception for intangible property represented by documents, such as stock certificates). Modern courts, however, have permitted conversion claims against intangible interests such as checks and customer lists.

Conversion can occur even when a person mistakenly believes

that she or he was entitled to the goods. In other words, good intentions are not a defense against conversion. Someone who buys stolen goods, for instance, can be sued for conversion even if he or she did not know that the goods were stolen. If the true owner brings a tort action against the buyer, the buyer must either return the property to the owner or pay the owner the full value of the property (despite having already paid the purchase price to the thief).

When the outrageous conduct consists of speech about a public figure

the First Amendment's guarantee of freedom of speech limits emotional distress claims. The Court held that creators of parodies of public figures are protected under the First Amendment from claims of intentional infliction of emotional distress.

EXAMPLE 4.8 If Thompson writes Andrews a private letter or text falsely accusing him of embezzling funds,

the action does not constitute libel. If Peters falsely states when no one else is around that Gordon is dishonest and incompetent, the action does not constitute slander. In neither instance was the message communicated to a third party. Publication Requirement

Causation in fact can usually be determined by the use of

the but for test: "but for" the wrongful act, the injury would not have occurred. Theoretically, causation in fact is limitless. One could claim, for example, that "but for" the creation of the world, a particular injury would not have occurred. Thus, as a practical matter, the law has to establish limits, and it does so through the concept of proximate cause.

False Imprisonment

the intentional confinement or restraint of another person's activities without justification False imprisonment interferes with the freedom to move without restraint. The confinement can be accomplished through the use of physical barriers, physical restraint, or threats of physical force. Moral pressure or threats of future harm do not constitute false imprisonment. It is essential that the person under restraint does not wish to be restrained.

Defenses against trespass to land

To show that the trespass was warranted; trespasser can show that they had a license to come onto the land This may occur, for instance, when the trespasser entered the property to assist someone in danger. Or the so-called owner did not have rights to the property. Another defense is for the trespasser to show that he or she had a license to come onto the land. A licensee is one who is invited (or allowed to enter) onto the property of another for the licensee's benefit. A person who enters another's property to read an electric meter, for example, is a licensee. When you purchase a ticket to attend a movie or sporting event, you are licensed to go onto the property of another to view that movie or event. Note that licenses to enter are revocable by the property owner. If a property owner asks a meter reader to leave and the meter reader refuses to do so, the meter reader at that point becomes a trespasser.

Hiring of employees can lead to negligence liability.

True For example, a business can be liable if it fails to do a criminal background check before hiring a person to supervise a childcare center when an investigation would have revealed that the Business Tort Liability: person had previously been convicted of sexual assault. Failure to properly supervise or instruct employees can also lead to liability for a business.

Appropriation of identity

Under the common law, using a person's name, picture, or other likeness for commercial purposes without permission is a tortious invasion of privacy. An individual's right to privacy normally includes the right to the exclusive use of her or his identity.

EXAMPLE 4.19 Chen borrows Mark's iPad to use while traveling home from school for the holidays.

When Chen returns to school, Mark asks for his iPad back. Chen tells Mark that she gave it to her little brother for Christmas. In this situation, Mark can sue Chen for conversion, and Chen will have to either return the iPad or pay damages equal to its replacement value. Conversion

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. trespass to chattels or trespass to personalty In this context, harm means not only destruction of the property, but also anything that diminishes its value, condition, or quality. Trespass to personal property involves intentional meddling with a possessory interest (the right to possess), including barring an owner's access to personal property.

Conversion

Wrongfully taking or retaining possession of an individual's personal property and placing it in the service of another. Any act that deprives an owner of personal property or of the use of that property without the owner's permission and without just cause Often, when conversion occurs, a trespass to personal property also occurs. The original taking of the personal property from the owner was a trespass, and wrongfully retaining the property is conversion. Conversion is the civil side of crimes related to theft, but it is not limited to theft. Even if the rightful owner consented to the initial taking of the property, so there was no theft or trespass, a failure to return the personal property may still be conversion.

CASE EXAMPLE 4.1 Seaway Marine Transport operates the Enterprise,

a large cargo ship with twenty-two hatches for storing coal. When the Enterprise moved into position to receive a load of coal on the shores of Lake Erie in Ohio, it struck a land-based coal-loading machine operated by Bessemer & Lake Erie Railroad Company. A federal court found Seaway liable for negligence and awarded $522,000 in special damages to compensate Bessemer for the cost of repairing the damage to the loading machine. Special Damages

privilege to detain

a merchant can use reasonable force to detain or delay a person suspected of shoplifting the merchant's property. Although the details of the privilege vary from state to state, generally laws require that any detention be conducted in a reasonable manner and for only a reasonable length of time. Undue force or unreasonable detention can lead to liability for the business.

CASE EXAMPLE 4.2 Naython Watts was born with disabling brain injuries caused by

the negligence of physicians at Cox Medical Centers in Missouri. At the age of six, Naython could not walk, talk, or feed himself. He had the mental capacity of a two-year-old, suffered from seizures, and needed around-the-clock care. His mother, Deborah Watts, sued the medical center on his behalf. A jury awarded Watts $1.45 million in non-economic damages, plus $3.37 million in future medical damages. The trial court reduced the non-economic damages award to $350,000—the statutory cap under Missouri's law. Watts appealed. Missouri's highest court struck down the state's damages cap, holding that it violated the state constitution's right to trial by jury. The court reasoned that the amount of damages is a fact for the jury to determine, and the legislature cannot place caps on jury awards independent of the facts of a case. Special Damages

Failure to live up to a standard of care may be

an act (setting fire to a building) or an omission (neglecting to put out a campfire). It may be a careless act or a carefully performed but nevertheless dangerous act that results in injury. In determining whether the duty of care has been breached, courts consider several factors: 1. The nature of the act (whether it is outrageous or commonplace). 2. The manner in which the act was performed (cautiously versus heedlessly). 3. The nature of the injury (whether it is serious or slight). Creating even a very slight risk of a dangerous explosion might be unreasonable, whereas creating a distinct possibility of someone's burning his or her fingers on a stove might be reasonable.

CASE EXAMPLE 4.7 Hustler magazine once printed a fake advertisement that showed a picture of the Reverend Jerry Falwell

and described him as having lost his virginity to his mother in an outhouse while he was drunk. Falwell sued the magazine for intentional infliction of emotional distress and won, but the United States Supreme Court overturned the decision. The Court held that creators of parodies of public figures are protected under the First Amendment from claims of intentional infliction of emotional distress. Public Figures & Intentional Infliction of Emotional Distress

EXAMPLE 4.4 Ivan threatens Jean with a gun

and then shoots her. The pointing of the gun at Jean is an assault. The firing of the gun (if the bullet hits Jean) is a battery. Assault & Battery

Missouri's highest court struck down the state's damages cap, holding that it violated

the state constitution's right to trial by jury. The court reasoned that the amount of damages is a fact for the jury to determine, and the legislature cannot place caps on jury awards independent of the facts of a case.

Defenses to Negligence

asserting that the plaintiffs failed to prove the existence of one or more of the required elements for negligence. Additionally, there are three basic affirmative defenses in negligence cases (defenses that a defendant can use to avoid liability even if the facts are as the plaintiff states): (1) assumption of risk, (2) superseding cause, and (3) contributory and comparative negligence.

damage

used to refer to harm or injury to persons or property.

Tort law recognizes that people have a right not to be sued

without a legally just and proper reason, and therefore it protects individuals from the misuse of litigation. Torts related to abusive litigation include malicious prosecution and abuse of process.

Business Tort

wrongful interference with another's business rights and relationships Two Types 1. wrongful interference with a contractual relationship 2. wrongful interference with a business relationship.

Establishing Trespass

before making someone a trespasser there has to be a sign warning, but if the person enters onto another's property to commit an illegal act.(steal) is trespassing without posted signs. For instance, "posted" trespass signs expressly establish as a trespasser a person who ignores these signs and enters onto the property. Any person who enters onto property to commit an illegal act (such as a thief entering a lumberyard at night to steal lumber) is established impliedly as a trespasser, without posted signs. In contrast, a guest in your home is not a trespasser unless she or he has been asked to leave but refuses.

For most torts, injured persons can bring actions against

businesses as well as against individuals. In fact, if given a choice, a plaintiff often sues a business rather than an individual because the business is more likely to have "deep pockets" (the ability to pay large damages awards). Moreover, sometimes businesses can be held liable for torts that do not apply to individuals.

Qualified Privilege

conditional, privilege. 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.

Libel Terrorism Reform Act (2008)

enables New York courts to assert jurisdiction over anyone who obtains a foreign libel judgment against a writer or publisher living in New York State. It also prevents courts from enforcing foreign libel judgments unless the foreign country provides free speech protection equal to or greater than that available in New York.

Statute of Limitations

establishes the time limit (often two years from the date of discovering the harm) within which a particular type of lawsuit can be filed. After that time period has run, the plaintiff can no longer file a claim.

Intentional Infliction of Emotional Distress (IIED)

extreme and outrageous conduct resulting in severe emotional distress to another. the conduct must be so extreme and outrageous that it exceeds the bounds of decency accepted by society.

"Danger Invites Rescue" Doctrine

Sometimes, a person who is trying to avoid harm—such as an individual who swerves to avoid a head-on collision with a drunk driver— ends up causing harm to another (such as a cyclist riding in the bike lane) as a result. In those situations, the original wrongdoer (the drunk driver in this scenario) is liable to anyone who is injured, even if the injury actually resulted from another person's attempt to escape harm. The "danger invites rescue" doctrine extends the same protection to a person who is trying to rescue another from harm—the original wrongdoer is liable for injuries to an individual attempting a rescue. The idea is that rescuers should not be held liable for any damages, because they did not cause the danger and because danger invites rescue. Whether rescuers injure themselves, the person rescued, or a passerby, the original wrongdoer will still be liable.

actual malice

The deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth. Actual malice is required to establish defamation against public figures. A condition that exists when a person makes a statement with either knowledge of its falsity or a reckless disregard for the truth. In a defamation suit, a statement made about a public figure normally must be made with actual malice for liability to be incurred.

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. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes 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 as their actions do not infringe on the interests of others. When someone fails to comply with the duty to exercise reasonable care, a potentially tortious act may result.

Trespass to Land

The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization. 1. Enters onto, above, or below the surface of land that is owned by another. 2. Causes anything to enter onto land owned by another. 3. Remains on land owned by another or permits anything to remain on it. Actual harm to the land is not an essential element of this tort, because the tort is designed to protect the right of an owner to exclusive possession. Common types of trespass to land include walking or driving on another's land, shooting a gun over the land, and throwing rocks at a building that belongs to someone else. Another common form of trespass involves constructing a building so that part of it is on an adjoining landowner's property.

Negligence

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances. occurs when someone suffers injury because of another's failure to live up to a required duty of care. In contrast to intentional torts, in torts involving negligence, the tortfeasor neither wishes to bring about the consequences of the act nor believes that they will occur. The actor's conduct merely creates a risk of such consequences. If no risk is created, there is no negligence. Moreover, the risk must be foreseeable — that is, it must be such that a reasonable person engaging in the same activity would anticipate the risk and guard against it.

EXAMPLE 4.6 A father attacks a man who has had consensual sexual relations with the father's nineteen-year-old daughter.

The father handcuffs the man to a steel pole and threatens to kill him unless he leaves town immediately. The father's conduct may be sufficiently extreme and outrageous to be actionable as an intentional infliction of emotional distress. Outrageous Conduct

Defamation

Anything published or publicly spoken that causes injury to another's good name, reputation, or character. involves wrongfully hurting a person's good reputation. The law has imposed a general duty on all persons to refrain from making false, defamatory statements of fact about others. Breaching this duty in writing or another permanent form (such as a digital recording) constitutes the tort of libel. Breaching the duty orally is the tort of slander. The tort of defamation also arises when a false statement of fact is made about a person's product, business, or legal ownership rights to property.

Libel

Defamation in writing or another permanent form (such as a digital recording).

Wrongful Interference with a Business Relationship

Distinguish competition vs. predatory behavior. Predatory behavior is unlawfully driving competitors out of market. To prevail, Plaintiff must show Defendant targeted only Plaintiff's customers and product. Attempting to attract customers in general is a legitimate business practice, whereas specifically targeting the customers of a competitor is more likely to be predatory. This type of activity constitutes the tort of wrongful interference with a business relationship, which is commonly considered to be an unfair trade practice.

Slander of Quality (Trade Libel)

The publication of false information about another's product, alleging that it is not what its seller claims. To establish trade libel, the plaintiff must prove that the improper publication caused a third party to refrain from dealing with the plaintiff and that the plaintiff sustained economic damages (such as lost profits) as a result. An improper publication may be both a slander of quality and defamation of character. For example, a statement that disparages the quality of a product may also, by implication, disparage the character of the person who would sell such a product

The Publication Requirement

The speaker must have communicated the statement to persons other than the defamed party. The basis of the tort of defamation is the publication of a statement or statements that hold an individual up to contempt, ridicule, or hatred. Publication here means that the defamatory statements are communicated to persons other than the defamed party. The courts have generally held that even dictating a letter to a secretary constitutes publication, although the publication may be privileged (as discussed shortly). If a third party overhears defamatory statements by chance, the courts usually hold that this also constitutes publication. Defamatory statements made via the Internet (in e-mail or posted on social media) are also actionable, as you will read in Chapter 7. Repupblication Note further that anyone who republishes or repeats defamatory statements is liable even if that person reveals the source of the statements.

reasonable person standard

The standard of behavior expected of a hypothetical "reasonable person." The standard against which negligence is measured and that must be observed to avoid liability for negligence. It is not necessarily how a particular person would act. It is society's judgment on how people should act. If the so-called reasonable person existed, he or she would be careful, conscientious, even tempered, and honest. The degree of care to be exercised varies, depending on the defendant's occupation or profession, her or his relationship with the plaintiff, and other factors. Generally, whether an action constitutes a breach of the duty of care is determined on a case-by-case basis. The outcome depends on how the judge (or jury, in a jury trial) decides a reasonable person in the position of the defendant would act in the particular circumstances of the case.

predatory behavior

actions undertaken with the intention of unlawfully driving competitors completely out of the market

EXAMPLE 4.23 Ackerman carelessly leaves a campfire burning. The fire not only burns down the forest but

also sets off an explosion in a nearby chemical plant that spills chemicals into a river, killing all the fish for a hundred miles downstream and ruining the economy of a tourist resort. Should Ackerman be liable to the resort owners? To the tourists whose vacations were ruined? These are questions of proximate cause that a court must decide. Proximate Cause / Foreseeability

Tortfeasor

one who commits a tort

Negligent Misrepresentation

misrepresentation made without due care in ascertaining its truthfulness; renders agreement voidable The key difference between intentional and negligent misrepresentation is whether the person making the misrepresentation had actual knowledge of its falsity. Negligent misrepresentation requires only that the person making the statement or omission did not have a reasonable basis for believing its truthfulness. Liability for negligent misrepresentation usually arises when the defendant who made the misrepresentation owed a duty of care to the plaintiff to supply correct information. Statements or omissions made by attorneys and accountants to their clients, for instance, can lead to liability for negligent misrepresentation

EXAMPLE 4.3 Alex swings a bat intending to hit Blake but

misses and hits Carson instead. Carson can sue Alex for the tort of battery (discussed shortly) because Alex's intent to harm Blake can be transferred to Carson. Transferred Intent

CASE EXAMPLE 4.10 In Touch magazine published a story about a former call girl who claimed to have slept with legendary soccer player David Beckham

more than once. Beckham sued In Touch magazine for libel, seeking $25 million in damages. He said that he had never met the woman, had not cheated on his wife with her, and had not paid her for sex. After months of litigation, a federal district court dismissed the case because Beckham could not show that the magazine had acted with actual malice. Whether or not the statements in the article were accurate, there was no evidence that the defendants had made the statements with knowledge of their falsity or reckless disregard for the truth. Actual Malice

The dollar amount of damages awarded in tort actions is typically

much higher than the awards in contract claims.

CASE EXAMPLE 4.14 The Naked Cowboy, Robert Burck, was a street entertainer in New York City who had achieved some fame

performing for tourists. He performed wearing only a white cowboy hat, white cowboy boots, and white underwear and carrying a guitar strategically placed to give the illusion of nudity. Burck sued Mars, Inc., the maker of M&Ms candy, over a video it showed on billboards in Times Square that depicted a blue M&M dressed exactly like The Naked Cowboy. The court, however, held that the use of Burck's signature costume did not amount to appropriation. Appropriation

Malpractice

professional misconduct or the lack of the requisite degree of skill as a professional For instance, a patient might sue a physician for medical malpractice. A client might sue an attorney for legal malpractice.

Public disclosure of private facts

This type of invasion of privacy occurs when a person publicly discloses private facts about an individual that an ordinary person would find objectionable or embarrassing. A newspaper account of a private citizen's sex life or financial affairs could be an actionable invasion of privacy, even if the information revealed is true, because it should not be a matter of public concern.

wrongful interference with a contractual relationship

Three elements are necessary for wrongful interference with a contractual relationship to occur: 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. In principle, any lawful contract can be the basis for an action of this type. The contract could be between a firm and its employees or a firm and its customers. Sometimes, for instance, a competitor draws away one of a firm's key employees. Only if the original employer can show that the competitor knew of the contract's existence, and intentionally induced the breach, can damages be recovered from the competitor.

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 or her detriment. A misrepresentation leads another to believe in a condition that is different from the condition that actually exists. This is often accomplished through a false or incorrect statement. Although persons sometimes make misrepresentations accidentally because they are unaware of the existing facts, the tort of fraudulent misrepresentation, or fraud, involves intentional deceit for personal gain.

Assault

Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat. or offensive contact—words or acts that create in another person a reasonable apprehension of harmful contact. An assault can be completed even if there is no actual contact with the plaintiff, provided the defendant's conduct causes the plaintiff to have a reasonable apprehension of imminent harm.

Defense against intention tort

Consent When a person consents to the act that damages her or him, there is generally no liability. Self-Defense An individual defending his or her life or physical wellbeing can use whatever force is reasonably necessary to prevent harmful contact. Whatever force is reasonably necessary is whatever force the individual believes is about to be used against him or her. Force cannot be used once danger has passed and cannot be used in revenge. Defense of others An individual can act to defend others who are in danger to the same extent that he or she can act in self-protection. Defense of Property To defend property, individuals can use reasonable force which does not include force that is likely to cause death or great bodily injury.

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. or right of publicity. States differ as to the degree of likeness that is required to impose liability for appropriation, however. Some courts have held that even when an animated character in a video or a video game is made to look like an actual person, there are not enough similarities to constitute appropriation.

Defenses to Wrongful Interference

Interference with justified or permissible. Bona fide competitive behavior is a permissible interference even if it results in the breaking of a contract. Absent associated illegal activity, a businessperson will not incur liability for negotiating secretly behind a rival's back, refusing to do business with a competitor, or refusing to deal with third parties until they stop doing business with a rival.

Intrusion into an individual's affairs or seclusion.

Invading someone's home or illegally searching someone's briefcase is an invasion of privacy. The tort has been held to extend to eavesdropping by wiretap, the unauthorized scanning of a bank account, compulsory blood testing, and window peeping.

product liability

The legal liability of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damages that are caused by the goods. Liability here is a matter of social policy. Manufacturers and sellers can better bear the cost of injuries, and because they profit from making and selling the products, they should be responsible for the injuries the products cause.

Abuse of Process

The malicious and deliberate misuse or perversion of a legal procedure. can apply to any person using a legal process against another in an improper manner or to accomplish a purpose for which it was not designed.

Slander of Title

The publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner. Usually, this is an intentional tort that occurs when someone knowingly publishes an untrue statement about property with the intent of discouraging a third party from dealing with the property's owner. For instance, a car dealer would have difficulty attracting customers after competitors published a notice that the dealer's stock consisted of stolen automobiles.

reasonable duty of care

a property owner is legally obligated to warn people of danger on their property For instance, a landowner may have a duty to post a notice that guard dogs patrol the property. Also, if young children are attracted to the property by some object, such as a swimming pool or a sand pile, and are injured, the landowner may be held liable under Attractive Nuisance Doctrine

Attractive Nuisance Doctrine

a tort rule that imposes liability on a landowner to children who have been attracted onto the landowner's property by an attractive nuisance and who are killed or injured on the property

Privileged communications are of two types:

absolute and qualified.

Cities and counties may also face lawsuits for false imprisonment if

they detain individuals without reason.

The purpose of tort law

to provide remedies for the invasion of various protected interests Society recognizes an interest in personal physical safety, and tort law provides remedies for acts that cause physical injury or interfere with physical security and freedom. Society also recognizes an interest in protecting property, and tort law provides remedies for acts that cause destruction of or damage to property.

Nevertheless, critics contend that certain aspects of today's tort law encourage

too many trivial and unfounded lawsuits, which clog the civil courts and add unnecessary costs. They say that damages awards are often excessive and bear little relationship to the actual damage suffered, which inspires more plaintiffs to file lawsuits. The result, in the critics' view, is a system that disproportionately rewards a few plaintiffs while imposing a "tort tax" on business and society as a whole. Among other consequences, physicians and hospitals order more tests than necessary in an effort to avoid medical malpractice suits, thereby adding to the nation's healthcare costs.