conversion, defamation, business tort, strict liability, respondeat superior, defences

conversion

wrongful exercise of another’s property that permanently deprives them of its use(stealing or breaking it)

what is not conversion?

Temporary interference with property → this is trespass to personal property, not conversion (borrowing a neighbor’s lawnmower and returning it in good condition)

defamation

Publication of untrue statements about another that damage their character or reputation

requirements for defamation

Must be communicated to someone other than the victim statements are pursued. False defendants must prove truth.

libel

written or broadcast defamation; for public figures, Malice must be proven

what is malice in libel?

Publishing, false statements, knowingly, or reckless disregard for the truth(no reasonable attempt to verify)

trends and libel cases

Verdicts are often reduced/reversed on appeal. If malice isn’t proven many cases involve employees suing employers for negative references.

slander

Verbal defamation not broadcast over media; still presumed false less defendant, promise truth

injurious falsehood/disparagement

Publishing false statements about a product that harm its reputation; plaintiff must prove falsity and actual damages

strict product liability

Manufactures wholesalers and retailers liable for injuries is caused by products that are unreasonably dangerous due to its manufacturing or designed effects

defense to strict product liability

Assumption of risk and product misuse( using a recalled product, or using a screwdriver to chisel rocks)

contributory/comparative negligence and strict liability

Not valid defenses – strict liability does not consider plaintiff negligence

Ultrahazardous activities

Activity so dangerous they cannot be made safe; participants are strictly liable(blasting, demolition, fireworks manufacturing)

ownership of wild animals (liability rule)

Owners are strictly liable for all foreseeable harm caused by the animal

Respondeat superior

Employers are liable for negligent, tortes employees commit within the scope of employment

employer not liable when

Employee commits willful tort or crime, unless employer encouraged it; not liable for actions outside of employment(frolic, and detour)

employer may still be liable for employees crimes if

They failed to do proper background checks or screening(negligence theory)

product misuse(defense)

using a product in a way, not intended and leading to injury→ Bars Strict liability claims

Assumption of risk(defense)

Knowing and voluntarily engaging in a risky activity or using unknown – dangerous product bars, a plaintiff from recovery