Chapter 8 Business Law

Tort

a civil wrong or injury

What three things are torts committed against?

another person, property, economic interest

Tortfeasor

one who commits a tort against another

Purpose of tort law

To compensate innocent injured persons or property

Intentional torts

when defendant deliberately takes a specific action that ultimately causes an injury (physical or economic) to another

Example of intentional tort

someone punches a person in the face

Negligent tort

when defendant acts in a way that subjects other people to unreasonable risk of harm (carelessness winds up hurting another)

Example of negligent tort

a driver is texting while driving and accidentally crashes into another vehicle

Strict-liability torts

when defendant takes action that is inherently dangerous and cannot ever be undertaken safely

Example of strict-liability tort

if your dog bites someone, you are responsible, even if you did nothing wrong

Assault

one person places another in fear OR reasonable apprehension of an immediate, offensive bodily contact

What two things makes the action an assault?

It causes reasonable apprehension OR fear of an immediate, offensive bodily contact

If physical violence is used, is it assault?

No

What if just apprehension is instilled, but no fear, is it still assault?

Yes (can be either, or, or both)

Example of assault

somebody raises their fist to punch you, but does not actually do it

Battery

intentional, unwanted, offensive bodily contact

Example of battery

someone actually punches you in the face

What are the four tort defenses?

Consent, self-defense, defense of others, defense of property

What kind of force can you respond to battery with?

Comparable

Defamation

intentional publication of a false statement of fact harmful to a person's reputation

What is published defamation called?

libel

What is spoken defamation?

slander

Example of libel

a newspaper publishes an article saying that a local teacher was arrested for stealing money, even though it never happened

Example of slander

someone tells others that the teacher was arrested for stealing money, even though its not true

To win a defamation case, the plaintiff must show _______________

special damages

Special damages

the loss of something having economic or pecuniary value

Example of special damages

the teacher loses $2,000 of pay because they were suspended

Defamation per se

an exception to the special damages requirement is statements that are considered "guilty on their face"

Four examples of defamation per se

loathsome, communicable disease

has committed a crim for which imprisonment is a possibility

professionally incompetent

unchaste

Defamation Liability exceptions

absolute privilege, conditional privilege, public figure privilege, fair report privilege

Absolute privilege

statements during testimony to Congress or in a legislative, court, or like setting

Example of absolute privilege

a judge says in court that a defendant lied under oath. Even if it's not true, the judge cannot be sued for defamation because they're speaking in an official judicial role

Conditional privilege

party will not be held liable for defamation unless false statement was made with actual malice

Example of conditional privilege

a boss tells another company the truth about a former employee. they're protected from being sued as long as they're honest and not mean on purpose

Public figure privilege

a celebrity can't easily sue a magazine for a false story unless the magazine knew it was false or didn't care

Fair report privilege

protects media for an article based on a report of an official proceeding (must be a complete and accurate report)

Example of fair report privilege

a reporter writes a true story that a teacher was accused in court. even if the teacher is later found innocent, the reporter can't be sued

Section 230 of the Communications Decency Act of 1996

shields internet services from civil liability based on content generated by othrs

Example of Section 230 act

someone posts a false rumor about a teacher on Facebook. Facebook can't be sued for what the user wrote because, even though the post is harmful

Invasion of privacy

public disclosure of private facts, intrusion on an individual's affairs or seclusion

Example of invasion of privacy

A reporter secretly installs a camera in a teacher's home and publishes the footage

False imprisonment

confining or restraining someone against their will for a period of time; physical restraint, physical force, physical threat

Example of false imprisonment

A school principal locks a teacher in a classroom and won't let them leave, even though the teacher hasn't done anything wrong

Intentional infliction of emotional distress

outrageous conduct likely to cause extreme emotional distress

Example of intentional infliction of emotional distress

A parent repeatedly yells threats and insults at a teacher in front of students, causing the teacher severe anxiety and emotional suffering

Misuse of legal procedure

misusing legal process for a purpose other than the purpose it was intended to be used

Example of misuse of legal procedure

A parent keeps suing a teacher over made-up complaints, just to stress them out or force them out of the school

Trespass to realty

unauthorized entry onto real property possessed by the plaintiff

Example of trespass to realty

A neighbor walks into the teacher's yard without being invited

Trespass to personal property

temporarily deprives person of use and enjoyment of personal property

Example of trespass to personal property

A student takes the teacher's laptop without asking

Conversion

like trespass, but permanent

Example of conversion

A student keeps the teacher's laptop and refuses to return it

Private nuisance

unreasonable use of one's property that harms a neighbor's use or enjoyment of his property

Example of private nuisance

A neighbor constantly blasts loud music next to the teacher's home, making it hard for the teacher to sleep or work

Appropriation

use of another person's name, likeness, voice, or other identifying characteristic for commercial gain without the person's permission

Example of appropriation

A student makes a fake social media account pretending to be the teacher to get followers or attention

Disparagement

publishing false statement of material fact about a business's product or service that causes a loss in sales

Example of disparagement

A parent tells other parents that the teacher cheats on grades, even though it's false, causing the teacher to lose tutoring clients or job opportunities

Trade libel

a business tort that occurs when false printed statements criticize a business product or service and result in a loss of sales

Slander of title

A business tort that occurs when falsely published statements are related to the ownership of the business property

Intentional interference with contract example

A business persuades a supplier to break their contract with a competitor and work with them instead

Unfair competition

entering into an industry to destroy another's business

Example of unfair competition

A store copies a rival's logo and packaging to trick customers into thinking they're buying from the other store

Misappropriation

using another's name, image, likeness, voice for commercial gain without permission

Misappropriation example

A company takes a competitor's trade secret about a new product and sells a similar product to make money

Fraudulent misrepresentation

intentionally using a false statement of material fact to deceive and facilitate personal gain from another who reasonably relies on the deception and suffers an injury as a direct result of reliance

Fraudulent misrepresentation example

A car dealer sells a used car claiming it's brand new, knowing it's not, and the buyer pays full price

Compensatory damages

compensate victim for hamrs caused by defendant (puts plaintiff in the same position he would have been in but for the tort)

Compensatory damages example

A teacher slips on a wet floor at school, injuring themselves, damaging their laptop, and experiencing pain and stress, so they receive compensatory damages covering medical bills, the laptop cost, and emotional suffering

Nominal damages

minimal amount that signifies defendant's behavior was wrong but caused no harm

Example of nominal damages

A person's neighbor walks across their lawn without permission, causing no damage, and the court awards $1 to acknowledge the trespass

Punitive damages

damages that punish defendant and serve to deter such future conduct

Example of punitive damages

A factory knowingly dumps toxic waste into a river, harming the community, and the court orders punitive damages to punish the factory and prevent future violations

What is the amount of punitive damages impacted by?

degree of wrongfulness and the defendant's wealth