chapter 6: Business and Intentional Torts: Defamation, Negligence, and Liability

Torts

Violation of a duty imposed by civil law

Obligation types

Contract, Tort, Criminal Law

How obligation is created

Parties argued on contract, creates duties for both; Civil law imposes duties of conduct on all persons; Criminal law prohibits certain conduct

How obligation is enforced

Suit by plaintiff or Government prosecution

Possible result

Money damages for plaintiff or Punishment for defendant including prison or fine

Example of Tort

Bob contracts to sell Jim 5,000 pairs of sneakers for $50,000 but fails to deliver. Jim buys elsewhere for $60,000 per pair and gets $50,000, his extra expense

Example of Defamation

Newspapers falsely accuse private citizens of being alcoholics. Plaintiff sues and wins money for damages to reputation

Example of Criminal Law

Leo steals Amy's car. The government prosecutes Leo for grand theft auto and sentences him to 2 years in prison.

Defamation

Concerns false statements that harm one's reputation.

Slander

Oral defamation.

Libel

Written defamation.

Elements in defamation cases

Defamatory statement, falseness, communicated to someone besides plaintiff, injury.

Slander per se

False statements about sexual behavior, crimes done, and abilities; assumes injury.

Opinion

Can't be proven true or false; does not amount to defamation.

Public Personalities

Receive less defamation protection; can only win defamation case by proving actual malice.

Actual Malice

Defendant knew statement was false or acted with reckless regard for truth.

Online Defamation

Involves false statements made online that harm reputation.

Communications Decency Act

Provides some immunity for online platforms against defamation claims.

Privilege

Defendant gets added protection from defamation cases when it's important to freely speak.

Absolute privilege

Testifying witness in court or legislative never may be sued for defamations.

Defense to defamation

Truth.

False imprisonment

Intentional restraint of someone without reasonable cause and without consent.

Intentional infliction of emotional distress

Harm from extreme and outrageous conduct that causes serious emotional harm (PTSD).

Battery

Intentional touching of someone in a way that's harmful or offensive.

Assault

An act that makes one reasonable for battery.

Fraud

Harming someone by deliberate deception.

Compensatory damages

Money intended to restore plaintiff to position before injury.

Single recovery rule

Requires court to settle matter by awarding a lump sum for past and future expense.

Punitive damages

Damages intended to punish defendant for extreme and outrageous conduct.

Business torts

Occurs exclusively in commercial settings.

Tortious interference with business relations

Interfering with existing contract or prospective business relationship.

Privacy and Publicity

Involves rights related to personal privacy and commercial exploitation.

Negligence

Failure to use reasonable care, resulting in damage or injury to another.

Duty of care

Defendant had legal responsibility.

Factual cause

Defendant's conduct caused harm.

Proximate cause

Foreseeable that conduct such as this may cause harm.

Damages

Injury or loss to plaintiff.

Assumption of risk

One who enters situation with obvious injury cannot complain if they receive an injury.

Contributory negligence

Plaintiff may generally recover even if they are part responsible.

Intrusion

Tort where one would find invasion of private life offensive.

Invitee

One who has a right to enter because it's public.

Licensee

Person on one's land for a purpose but with owner's permission.

Product Liability

Business sells defective product.

Res ipsa loquitur

It speaks for itself.

Strict Liability

Imposes higher level of liability when harm results from ultra hazardous acts.

Trespasser

Someone on a property without consent.