MGMT 311 Chapter 6: Tort Law

What is a tort cause of action?

A legal claim brought by a plaintiff against a defendant alleging that the defendant's wrongful conduct has caused harm or injury to the plaintiff.

What must a plaintiff prove to establish liability in a tort case?

The plaintiff must prove all specific elements of the tort and demonstrate damages suffered as a direct result of the defendant's actions.

What is the burden of proof in tort law?

The burden is on the plaintiff to demonstrate, by a preponderance of the evidence, that all required elements of the tort have been met.

What are compensatory damages in tort law?

Compensatory damages reimburse a plaintiff for actual losses suffered due to the defendant's actions.

What are special damages?

Special damages refer to quantifiable losses, such as medical expenses, lost wages, and benefits.

What are general damages?

General damages may be awarded for nonmonetary aspects, such as pain, suffering, and loss of reputation.

What are punitive damages?

Punitive damages may be awarded to punish the wrongdoer and deter others from similar conduct in the future.

What are the two classifications of torts?

Intentional torts and unintentional torts.

What distinguishes intentional torts from unintentional torts?

Intentional torts involve fault plus intent, while unintentional torts involve fault without intent to harm.

What is required for an intentional tort to occur?

The tortfeasor must possess the necessary intent, which can be established through direct intent, substantial certainty, or transferred intent.

What is direct intent in the context of intentional torts?

Direct intent occurs when the tortfeasor intends the specific consequences of their actions.

What does substantial certainty mean in tort law?

Substantial certainty means the tortfeasor knew with substantial certainty that certain consequences would result from their actions.

What is transferred intent?

Transferred intent occurs when the tortfeasor intends to harm one person but unintentionally harms another.

What constitutes an assault in tort law?

Assault is any intentional and unexcused threat of immediate harmful or offensive contact that creates a reasonably believable threat, without the need for physical contact.

What types of damages can be claimed in tort actions?

Damages can include compensatory, special, general, and punitive damages.

What are some examples of special damages?

Medical bills, lost wages, damage to property, and repair costs.

What are some examples of general damages?

Physical and/or mental pain and suffering, loss of consortium, disfigurement, and loss of reputation.

What is the role of defenses in tort law?

Defenses can release the defendant from partial or full liability for the tortious act, depending on the tort involved.

What is the significance of demonstrating damages in a tort case?

Demonstrating damages is crucial for the plaintiff to receive compensation for the harm caused by the defendant's actions.

What is the legal term for the person committing the tort?

The tortfeasor.

What does the term 'burden of proof' refer to in tort law?

The obligation of the plaintiff to prove their case by a preponderance of the evidence.

What is the purpose of punitive damages?

To punish the wrongdoer and deter others from similar conduct in the future.

What is the difference between intentional and unintentional torts?

Intentional torts involve deliberate actions intended to cause harm, while unintentional torts result from negligence or failure to act.

What is assault in the context of intentional torts?

Assault is any intentional and unexcused threat of immediate harmful or offensive contact—whether words or acts—that create a reasonably believable threat, with no physical contact necessary.

What constitutes battery in intentional torts?

Battery is the completion of an assault, defined as unexcused and harmful or offensive physical contact intentionally performed, which can be made by the defendant or by some force set in motion by the defendant.

How is the offensiveness of contact in battery determined?

The offensiveness of contact is determined by both a subjective standard (whether it is offensive to the plaintiff) and an objective standard (whether it would be offensive to a reasonable person).

What are some defenses to assault and battery?

Defenses include consent (if the plaintiff consented to the act) and self-defense (if the defendant proves they acted in self-defense using reasonable force against imminent harm).

What is false imprisonment?

False imprisonment is the intentional confinement or restraint of another person's activities without justification, which can occur through physical barriers, physical restraint, or threats of physical force.

Give an example of false imprisonment.

An example is when an individual blocks all exits of a room, preventing another person from leaving during an argument, or when a police officer arrests someone without probable cause or a warrant.

What is the legal standing of a shopkeeper detaining a suspected shoplifter?

Most states allow a shopkeeper to detain a suspected shoplifter under 'Privilege To Detain' laws, which can serve as a defense against false imprisonment claims.

What conditions must be met for a shopkeeper to avoid liability for false imprisonment?

A shopkeeper may avoid liability if they have reasonable suspicion of shoplifting, use only reasonable force to detain the suspect, and detain them for a reasonable time until police arrive.

What is infliction of emotional distress in intentional torts?

Infliction of emotional distress is an intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another, requiring the conduct to exceed societal bounds of decency.

What are the elements of a cause of action for infliction of emotional distress?

The elements include: 1) the defendant acted intentionally, 2) the conduct was extreme and outrageous, 3) the conduct caused emotional distress, and 4) the emotional distress was severe.

What is defamation?

Defamation involves wrongfully hurting another person's good reputation by making false defamatory statements of fact, with oral breaches termed slander and breaches in print or media termed libel.

What are the elements that must be proved to establish defamation?

1. The defendant made a false statement of fact; 2. The statement was understood as about the plaintiff and harmed their reputation; 3. The statement was published to at least one person other than the plaintiff; 4. If the plaintiff is a public figure, actual malice must be proved.

What type of statements are protected under the First Amendment in relation to defamation?

Statements of opinion are protected speech and not actionable.

What is the publication requirement for a defamation claim?

The false statement must hold an individual up to hatred, contempt, or ridicule and be communicated to a third party.

What damages are presumed in cases of libel?

General damages are presumed, including compensation for disgrace, dishonor, humiliation, injury to reputation, and emotional distress.

What must a plaintiff prove in cases of slander to establish liability?

The plaintiff must prove special damages (actual economic loss). Without proving economic loss, the plaintiff cannot recover general damages.

What is the exception for slander per se regarding damages?

A plaintiff who is a victim of slander per se does not have to prove special damages to establish liability.

What are the four types of slander per se?

1. Statement that the plaintiff has a loathsome disease; 2. Statement that the plaintiff committed business improprieties; 3. Statement that the plaintiff committed or has been imprisoned for a serious crime; 4. Statement that the plaintiff has been unchaste or engaged in serious sexual misconduct.

What are the defenses to defamation?

Truth, privileged speech (absolute and qualified privilege).

Can a business be defamed?

Yes, defamation can arise from false statements about a person's product, business, or legal ownership rights.

What is trade libel?

Defamatory statements that disparage a company's goods or services, protecting property rights rather than reputations.

What are the four acts that qualify as invasion of privacy under common law?

1. Intrusion on individual's affairs or seclusion; 2. Publication of information that places a person in false light; 3. Public disclosure of private facts; 4. Appropriation of name or likeness for commercial purposes without consent.

What constitutes intrusion upon seclusion?

Intentionally intruding upon the solitude or seclusion of another in a highly offensive manner, such as hidden cameras or eavesdropping.

What is false light invasion of privacy?

Publishing misleading information about another person that portrays them in a false light, which would be highly offensive.

What does appropriation of name or likeness involve?

Using another person's name, likeness, or identity for commercial gain without their permission.

What is an example of unauthorized endorsements?

Using a celebrity's image or name in advertising without their consent.

What is an example of impersonation in the context of privacy invasion?

Creating a fake social media account using someone's identity to gain followers or influence.

What is Fraudulent Misrepresentation?

Intentionally making misrepresentations of fact for personal gain, which is more than just puffery.

What are the elements of Fraudulent Misrepresentation?

1. Misrepresentation of material fact; 2. Intent to induce reliance; 3. Justifiable reliance by innocent party; 4. Damages suffered; 5. Causal connection between misrepresentation and injury.

What is Malicious Prosecution?

Occurs when a defendant maliciously prosecutes a case knowing they lack legal grounds, requiring the plaintiff to have a favorable result in the previous case.

What is Abuse of Process?

When a defendant initiates a legal process intending to achieve results for which the process was not designed, such as filing a lien without right.

What constitutes Wrongful Interference with a Contractual Relationship?

1. Defendant knows about a contract; 2. Intentionally induces a party to breach; 3. Defendant benefits from the breach.

What is Wrongful Interference with a Business Relationship?

Occurs when there is an established business relationship, and the defendant uses predatory methods to end it, causing damages to the plaintiff.

What is Trespass to Land?

Occurs when a person enters or causes anything to enter another's land without permission, or remains on the land without consent.

What is the liability of a trespasser for injuries sustained on the property?

A trespasser generally cannot hold the property owner liable for injuries sustained while unlawfully on the premises, though exceptions exist.

What is the Attractive Nuisance Doctrine?

Property owners may be liable for injuries to children caused by objects that attract them, even if they are trespassers.

What is a Licensee in property law?

A person granted permission to enter and use property for specific purposes, who can become a trespasser if they overstay their permission or enter restricted areas.

What is Trespass to Personal Property?

The intentional interference with another's use or enjoyment of personal property without consent, which may include conversion or failure to return property.

What is Conversion in the context of personal property?

The wrongful possession of another's property without permission, such as selling stolen goods.

Can a licensee become a trespasser?

Yes, if they remain after permission is revoked or enter restricted areas.

What must a plaintiff show to succeed in a claim for Malicious Prosecution?

The original case was without legal grounds and done with malice, and the plaintiff must have obtained a favorable result in that case.

What is the difference between Malicious Prosecution and Abuse of Process?

Malicious prosecution involves wrongful initiation of a case without grounds, while abuse of process involves misuse of a legal process for unintended results.

What happens if a trespasser causes damage to the property?

The trespasser is generally liable for any damage caused by their trespass.

What is the requirement for property owners regarding trespassers in most states?

Property owners must exercise a reasonable duty of care towards trespassers, which may vary based on the status of the trespasser.

What is an example of Abuse of Process?

Filing a lien on someone else's property without the right to do so.

What are the consequences for Cathy who buys stolen tickets from Abel?

Cathy is liable for conversion as she is in wrongful possession of Ben's property.

What does 'justifiable reliance' mean in the context of Fraudulent Misrepresentation?

It refers to the innocent party's reasonable trust in the misrepresentation that leads to their damages.

What is the significance of the causal connection in Fraudulent Misrepresentation?

It establishes that the injury suffered by the innocent party was directly linked to the misrepresentation.

What is the role of malice in Malicious Prosecution?

Malice indicates that the defendant acted with wrongful intent in initiating the prosecution.

What does it mean to 'induce' a breach of contract?

To intentionally persuade or cause one party to violate the terms of their contract.

What is considered conversion in the context of digital records?

Conversion occurs when someone unlawfully takes or uses someone else's property, even if the original owner still possesses it, such as hacking into a computer to take a marketing spreadsheet.

What is negligence in tort law?

Negligence is an unintentional tort where a person fails to meet a required duty of care, leading to harm, without the intent to cause that harm.

What are the four elements a plaintiff must prove in a negligence case?

1. Duty: Defendant owed a duty of care to the plaintiff. 2. Breach: Defendant breached that duty. 3. Causation: The breach caused the injury. 4. Damages: The plaintiff suffered a legal injury.

What factors do courts consider when determining if a duty of care was breached?

Courts consider the nature of the act (outrageous or commonplace), the manner in which it was performed, and the nature of the injury.

What is the Reasonable Person Standard in negligence cases?

The Reasonable Person Standard assesses how a reasonable person would have acted in similar circumstances to determine if a duty of care was breached.

What duty of care does a business owe to invitees on its premises?

A business must warn invitees of any potential harm present on its property.

What is an example of a duty of care for an automobile driver?

An automobile driver must exercise reasonable care, which includes obeying traffic signals, driving at safe speeds, and staying alert to prevent accidents.

What is the significance of obvious risks in negligence cases?

Obvious risks do not require a warning, such as the need for a restaurant to inform customers that hot coffee is hot.

What are the two types of causation in negligence?

1. Causation in Fact: Determines if the injury occurred because of the defendant's act. 2. Proximate Cause: Assesses if the act was the legal cause of the injury.

What is the 'but for' test in determining causation?

The 'but for' test asks whether the injury would have occurred 'but for' the defendant's actions.

What does foreseeability mean in the context of negligence?

Foreseeability refers to the defendant's duty to protect the plaintiff from risks that they knew or should have known about.

How does the egg-shell skull theory relate to foreseeability?

The egg-shell skull theory states that if an injury is foreseeable, the defendant is liable for the full extent of the injury, even if the severity was not predictable.

What is the role of Ms. Palsgraf in negligence law?

Ms. Palsgraf's case illustrates the concept of foreseeability in determining proximate cause in negligence cases.

What constitutes an unintentional tort?

An unintentional tort is a wrongful act committed without knowledge of its wrongfulness or without intending to commit the act.

What is the relationship between negligence and intent?

In negligence, intent is not required; the focus is on the creation of risk and the resulting consequences.

What must a plaintiff demonstrate regarding damages in a negligence claim?

The plaintiff must show that they suffered a legal injury as a result of the defendant's breach of duty.

How does the nature of the act affect the determination of a breach of duty?

The nature of the act can be considered outrageous or commonplace, influencing whether the duty of care was breached.

What is the significance of the manner in which an act is performed in negligence cases?

The manner of performance can indicate whether the act met the standard of care expected in similar circumstances.

What is the duty of care owed by medical professionals?

Medical professionals owe a duty of care to provide competent and standard medical treatment, including accurate diagnoses and appropriate treatments.

How does a landowner's duty of care extend to trespassers?

A landowner may owe a duty of care to trespassers, depending on the circumstances, particularly if they are aware of the trespasser.

What is the legal definition of damages in a negligence case?

Damages refer to the legal injuries suffered by the plaintiff as a result of the defendant's breach of duty.

What is the difference between causation in fact and proximate cause?

Causation in fact determines if the defendant's act caused the injury, while proximate cause assesses if the act was legally sufficient to impose liability.

What must a plaintiff show to recover damages in a negligence case?

A legally recognizable injury.

What are compensatory damages designed to do?

Reimburse the plaintiff for actual losses.

What is the purpose of punitive damages in negligence cases?

To punish the tortfeasor and deter others from wrongdoing.

What is negligence per se?

A legal doctrine that establishes an act as negligent because it violates a statute or regulation.

How does negligence per se simplify a plaintiff's case?

The act of violating the statute is considered inherently negligent, eliminating the need for further proof of breach of duty.