TORTS & INTELLECTUAL PROPERTY

Definition of Tort

A civil, non-contractual wrongful act or omission that results in injury to another person and/or his/her property (personal or real).

Types of Torts

Five (5) types of torts: Intentional Torts, Negligence, Strict Liability Torts, Product Liability Torts, No Fault Torts.

Intentional Torts

Characterized by a willful or purposeful act in which the wrong-doer intends the result/injury/damage or intends the act or both.

Assault

Intentionally causing another to fear for their own physical health or safety and/or the physical health or safety of an immediate family member or loved one.

Battery

Intentionally having illegal or improper contact with another person without their consent.

Infliction of Mental Distress

Intentionally causing psychological trauma or stress to another by outrageous conduct.

Invasion of Privacy

Three (3) types: Appropriating another person's name or likeness for financial gain without their consent, Intrusion upon personal solitude of another individual, Public disclosure of a private fact.

False Arrest/False Imprisonment

Improperly depriving another of their freedom of movement.

Malicious Prosecution

Causing another to be arrested or charged with a crime without probable cause.

Abuse of Process

Causing another to be civilly sued (breach of contract or tort) without cause.

Trespass

Entering or remaining on another's real property without consent.

Conversion

Retaining personal property owned by another without their consent.

Defamation

An oral (slander) or written (libel) communication conveying false or untrue information to any third persons that diminishes one's character or reputation.

Fraud

Misrepresentation or concealment of truth that is relied upon by victim.

Product/Trade Disparagement

Communication of false information about a business or its products or services that attacks the character or reputation of the business.

Interference with Contractual Relations

Improperly disrupting the contract of a competing business.

Affirmative Defenses to Intentional Torts

Self defense, Shop keeper, Immunity, Consent.

Negligence

A careless act or omission that results in injury and/or property damage.

Requirements of Negligence

Four (4) requirements: Duty, Breach of Duty, Proximate cause, Injury/damage.

Duty

There must be a legal/business relationship between injured person and wrongdoer.

Breach of Duty

There must be unreasonable conduct: violation of a law, or reasonable person test.

Proximate Cause

Both causation in fact and foreseeability must be shown.

Injury/Damage

Injury or damage must be proven in a negligence claim.

Defenses to Negligence

Contributory, comparative, assumption of risk.

Product Liability Torts

A modern tort doctrine that has extinguished caveat emptor in consumer-merchant transactions.

Defect in Product Liability

Can be in manufacture process, design, packaging, instructions for using the product, or inadequate warnings.

Strict Liability Torts

Defendant is strictly liable for any injuries/damages that result from a legally recognized ultra-hazardous activity.

Legally Recognized Ultra-Hazardous Activities

Includes explosives, fireworks, nuclear chemicals/nuclear waste, dram shop laws, wild animals.

No Fault Torts

Victim who sustains injury or damages is entitled to compensation without regard to a determination of intent, negligence, causation or fault.

Intellectual Property

Includes trade secrets, patents, trademarks, and copyrights.

Trade Secrets

A business can be protected from other competitors obtaining its business knowledge, secrets, methods, formulas, customer lists.

Patents

Upon proper registration the owner or inventor has a legally protected monopoly.

Trademarks

Upon proper registration a business's products for sale, as well as its logos or trademarks cannot be counterfeited.

Copyright

Upon creation or registration, the author has protection for his/her new artistic creation.