BUS221 Exam 2

Tort

A civil wrong that causes injury to another person, NOT a breach of contract

Tort categories

Intentional, negligence, strict liability

The primary remedy in tort law is…

monetary, as tort law is civil—not criminal

Transferred intent

When the defendant intends a tort against one person but instead commits it against another person

Tortfeasor

Person who commits a tort

Assault tort

Intentional act that causes another person to objectively anticipate imminent harm

Battery tort

Intentional harmful OR offensive physical content

The 3 defenses to intentional torts are…

Self defense/defense of others, defense of property, consent given

The only time defenses against torts are valid are…

when the force used is reasonable.

Damages in tort cases

Compensatory damages, nominal damages, punitive damages

Types of compensatory damages

1) Special damages - quantifiable monetary loss

2) General damages - nonmonetary losses, eg pain, suffering, loss of reputation

Nominal damages

Small award recognizing a legal right was violated

Punitive damages

Punishes defendant and deters future conduct

Reasonable person standard

The standard used to determine if an act of battery is offensive

Complete confinement

Physical barriers, restraint, threats and force

False imprisonment tort

Unlawful restriction of a person’s freedom of movement. Plaintiff must be aware and suffer harm from complete confinement

Shopkeeper’s privilege defense

Allows for suspected shoplifters to be detained ONLY with reasonable suspicion and reasonable manner and length of detention

An intentional infliction of emotional distress tort must have…

extreme and outrageous conduct beyond bounds of decency, intentional or reckless cause of severe emotional distress

Defamation tort

False statement alleged to be fact to a third party that will damage the person’s reputation. Must prove actual malice if plaintiff is a public figure. Opinions are not defamation.

Types of defamation

1. Slander - oral

2. Libel - written or recorded and can be distributed

Damages for slander

Special damages — must show actual economic loss

Damages for libel

Special damages OR general damages (non economic loss, reputational or emotional harm only)

Defenses to defamation

Opinion, 1st amend rights, truth (complete defense), consent to publication of statement, privileged communications

Two types of privileged communications

1. Absolute privilege: statements made during judicial/legislative proceedings

2. Qualified privilege: statements made in good faith only to those with legitimate interest

Slander per se

Economic harm can’t be proven, but the defamation is so serious that reputational harm can be presumed, so general damages can be applied

Invasion of privacy torts

1. Intrusion into seclusion

2. False light

3. Public disclosure of private facts

4. Appropriation of identity

Fraudulent misrepresentation tort

A false representation of a material fact with knowledge and intent. Plaintiff must prove that they actually believed it and that damages resulted.

The difference between defamation and false light is…

defamation is a false statement (a lie), while false light is misleading (could cause confusion/association).

Business interference torts

1. Wrongful interference with a contractual relationship

2. Wrongful interference with a business relationship

Requirements for business interference torts

Intentional and unjustifiable interference causing damages to VALID contract or economic harm

Disparagement of property tort

False statement about another business’s products/services/property that results in financial loss. Either Slander of quality (or trade libel) or Slander of title (legal ownership rights)

Trespass to personal property tort

Intentionally interferes with plaintiff’s use/possession of personal property without permission, causing deprivation of use, damage, or degradation of condition/value

Conversion tort

When an individual intentionally takes, uses, or keeps another person's personal property without permission, causing a major interference with the owner's rights.

The main difference between trespass to personal property vs Conversion

Conversion is more substantial

Material fact

vital info that can directly affect legal outcome/decision/terms of a transaction

Negligence

Failure to use reasonable care under circumstances, UNINTENTIONAL!

Trespass to land

Intentionally entering/causing an object to enter someone’s land without permission. Defendant doesn’t have to know the land is private, and plaintiff must have standing over the land

The 4 elements of negligence that must all be proven are…

Defendent had duty of care, breach/failure to meet standard of care, causation of injury due to breach, and legally recognized injury/damages

Duty of care for landowners

• Trespassers: none, unless child trespasser

• Licensee (social guest): duty to warn of known hidden dangers

• Invitee (customer/business visitor): duty to keep premises reasonably safe and warn of dangers

Attractive nuisance doctrine

Holds property owners liable for injuries caused to child trespassers due to something that would reasonably attract them on the property

Professional negligence (malpractice) is held to the standard of…

A reasonably competent member of the same profession