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tort
injury caused from one person to another to his/her property
types of torts
person
land/goods
business
intentional interference with the person
assault - threat of violence
battery - actual physical contact
defenses:
provocation
consent
self-defense
false imprisonment
allowed to make citizen’s arrest - holding someone down if they are committing a crime
defenses:
innocent person falsely imprisoned
defamation
libel - published slander in a permanent form
slander - false, damaging statement spoken or gestured
defenses:
qad frrt
statements are true
qualified privilege
absolute privilege
death
fair comment
responsible communication
reasonable care for accuracy
intentional interference with land
trespass to land
entering without consent
refuses to leave
objects trespass
conversion and trespass to goods
wrongful taking of another’s person’s goods
refusal to deliver the goods to owner
Willful damage of the goods while in possession of the owner (vandalism)
business-related torts
slander of goods - saying goods are defective/ bad for health
injurious falsehood - lying about business practice/products to stop sales
slander of title - untrue statement about the right of another to the ownership of goods
deceit and fraudulent conversion
deceit - induces another into a contract by way of false information
fraudulent conversion - obtaining goods under false names (scamming)
breach of confidence - attempt to acquire trade secrets
intentional interference with economic relations
disrupts another person’s ability to run their business or make money
business relationships are attacked
restraint of trade - prevent others from entering a market
unfair business practices
deceptive advertising - misleading advertisement to attract people