MGMT 311 - Exam 2

Torts

Civil wrongs other than breach of contract

Classifications of torts

Intentional, negligence, strict liability

Intentional torts

Civil wrongs based on intentional behavior

Negligence

Unintentional, defendant accused of being reckless/careless

Strict liability

Defendant has no fault but there was still harm done

Assault

An intentional, unexcused act that creates in another person a reasonable apprehension or fear of immediate harmful or offensive contact

Assault and battery

Assault can lead to battery, but they are also separate torts

Battery

An unexcused and harmful or offensive physical contact intentionally performed

Defenses to assault and battery

Consent, self-defense, defense of others

Self-defense and defense of others

Reasonable defense in both real and apparent danger, force used must be reasonably necessary

False imprisonment

Intentional confinement or restraint of another person’s activities without justification

Intentional infliction of emotional distress

Extreme or outrageous conduct resulting in severe emotional distress to another

Defamation

Lies harming a person’s good reputation

Types of defamation

Slander, libel

Libel

Written words

Slander

Spoken words

Elements of a defamation case

Defendant made a false statement of fact, the statement was understood as being about the plaintiff and intended to harm the plaintiff’s reputation, published to a third party

If plaintiff is a public figure they…

Have to prove “actual malice” in order to win a defamation case

Actual malice

Making statement knowing it’s false or with reckless disregard for the truth

Damages for libel

General damages are assumed (pain and suffering, emotional distress)

Damages for slander

Plaintiff must prove that they suffered “special damages” before defendant is liable

Types of false statements per se

Statement that a person has loathsome communicable disease, statement that person has committed improprieties in their profession or trade, statement that person has committed or been imprisoned for a serious crime, statement that unmarried woman is unchaste

Defenses to defamation

Truth, privileged speech

Privileged speech

Absolute and qualified

Invasion of privacy

Intrusion, false light, public disclosure of private facts, appropriation of identity

Intrusion

Intrusion into private affairs and spaces

False light

Publishing information that casts doubt on someone’s beliefs or makes someone believe something about another person (doesn’t have to be a lie)

Appropriation of identity

Use of a person’s name, picture, likeness, or other identifiable characteristic for commercial purposes without permission

Fraudulent misrepresentation

Misrepresentation of material facts or conditions with knowledge that they are false or with reckless disregard for the truth, intent to induce another to rely on the misrepresentation, justifiable reliance by the deceived party, damages suffered as a result of the reliance, a causal connection between the misrepresentation and the injury

Abusive/frivolous litigation

Filing a lawsuit without a legitimate basis for a cause of action

Wrongful interference with a contractual relationship

Defendant knew of the contract’s existence and induced the breach of the contractual relationship

Elements to win a business torts case

Valid, enforceable contract between two parties, third party knew of the contract, third party intentionally caused either of the two parties to the contract to break the contract

Predatory behavior

Soliciting only those customers who have already shown an interest in the similar product or service of a specific competitor

Elements of predatory behavior

Established business relationship (customer relationship), tortfeasor used “predatory behavior,” tortfeasor intentionally caused the business relationship to end

Defenses to wrongful interference

Bona fide competitive behavior, aggressive marketing and advertising strategies

Property torts

Wrong is committed against the individual who has legally recognized rights with regard to real or personal property

Real property

Land and things permanently attached to land

Personal property

Other property (cars, boats, jewelry, accounts)

Trespass to land

A person, without permission, enters onto, above, or below the surface of land that is owed by another; causes anything to enter onto the land; or remains on the land or permits anything to remain on it after being told to leave

Attractive nuisance doctrine

Young children do not assume risk if they are attracted to the premises by some object

Defenses to trespass land

Trespasser enters to assist someone in danger even if that person is a trespasser, trespasser enters to protect property

Trespass to personal property

Wrongfully harming or interfering with the personal property owner’s right to the exclusive possession and enjoyment of their property, involves intentional meddling

Conversion

Any act that deprives an owner of personal property without the owner’s permission and without just cause that places the property in the service of the trespasser or other person

Disparagement of property

Slander of quality, slander of title

Slander of quality (trade libel)

Publication of false information about another’s product (alleging it is not what the seller claims), actual damages must be proved to have proximately resulted from the statements about a competitors products

Slander of title

Publication denies or casts doubt on another’s legal ownership of property which results in financial loss to the owner, someone knowingly publishes an untrue statement about property with the intent of discouraging a third person from dealing with the person slandered

Negligence

Reckless and careless behavior leads to liability

Elements of a negligence case

Duty, breach, causation, damages

Duty

Defendant must owe a duty of care to the injured party (plaintiff)

Causation

Defendant’s breach must cause plaintiff’s injury

Damages

Plaintiff must suffer a legally recognizable injury

Duty of landowners

Protect from harm and warn about known/foreseeable risks

Duty of professionals

Professionals held to higher standards, violation of duty of care leads to malpractice

Causation

Must prove both factual and proximate clause