BUS235 Intentional Torts and Business Torts (Chapter 7)

Tort

Violation of a duty imposed by the civil law

Defamation

Involves a defamatory statement that is false, uttered to a

third person, and causes an injury

False Imprisonment

Intentional restraint of another person without reasonable cause and without consent

Battery

Intentional touching of another person in a way that is unwanted or offensive

Assault

Involves an act that makes the plaintiff fear an imminent battery

Intentional Infliction of Emotional Distress

Involves extreme and outrageous conduct that causes serious emotional harm

Tortious Interference with a Contract

Involves the defendant unfairly harming an existing contract

Lanham Act

Prohibits false statements in commercial advertising

or promotion

Libel

Written defamation

Slander

Oral defamation

Defamatory Statement (Element 1)

Statement likely to harm another person’s reputation

Falsity (Element 2)

Statement must be false in defamation

Communicated (Element 3)

Element of defamation

Injury (Element 4)

Plaintiff must show some injury, unless case involve false statements of sexual behavior, crimes, contagious diseases, and professional abilities

Single Recovery Principle

Plaintiff can only receive full compensation once for a specific injury or loss

Punitive Damages

Punishment ordered by a court against a defendant to punish extreme misconduct and deter similar behavior