Torts cont.

Overview of Intentional Torts

Intentional torts involve deliberate actions taken by one individual that cause harm to another, reflecting a conscious choice to engage in harmful behavior. These wrongful acts are categorized separately from negligence, where the harm results from unintentional conduct.

Key Examples Discussed:

• Assault: The act of intentionally causing another person to fear imminent harmful or offensive contact. It does not require actual physical contact.

• Battery: The actual physical act of touching or striking another person without consent, which results in harmful or offensive contact.

• False Imprisonment: The unlawful restraint of an individual against their will, where they are confined within a bounded area without legal justification.

• Conversion: The intentional interference with an individual’s right to possess their property, effectively treating someone else’s property as one’s own. This can involve theft or unauthorized use of another person’s possessions.

• Wrongful Death: A claim against a party held liable for the death of another person due to their deliberate or reckless actions.

Wrongful Death

• Definition: A claim against a party held liable, legally responsible, for causing the death of another individual.

• Example Cited: A case of a skier buried in an avalanche at Heavenly Resort, leading to a family’s wrongful death lawsuit against the resort operators for not ensuring the safety of the slopes.

• Key Concepts:

  • Assumption of Risk: A legal doctrine that complicates proving liability in wrongful death cases, particularly where skiers inherently acknowledge and accept the risks associated with skiing.

  • Negligence vs. Intentional Torts: It's crucial to differentiate between negligent conduct, such as failing to close a dangerous run for skiers, and deliberate, intentional actions that result in harm.

Defamation

• Definition: Defamation involves making false statements about another person that damage their reputation.

• Two Main Types:

  • Libel: Written defamation that is easier to prove as it requires tangible evidence.

  • Slander: Spoken defamation that is harder to prove and often hinges on witness testimony and the credibility of the parties involved.

Key Differences:

• Libel: Requires written evidence to establish the claim and is generally regarded as more severe due to the lasting nature of written statements.

• Slander: More challenging to substantiate due to its verbal nature, often referred to as “he said, she said.”

Defenses Against Defamation:

• Truth: Recognized as an absolute defense; a true statement cannot be considered defamatory regardless of its impact.

• Privileged Communication: Certain statements made in specific legal contexts are protected, reducing the risk of defamation claims.

  • Absolute Privilege: Includes statements made during court proceedings that participants cannot be sued for regardless of their content.

  • Conditional Privilege: Protects statements made in good faith, such as complaints regarding harassment or workplace conduct, but may not protect knowingly false statements.

Example of Conditional Privilege:

• Allegations in a workplace regarding sexual harassment can trigger conditional privilege if the claims are made in good faith, however, malicious or knowingly false claims can lead to liability for defamation.

Inducing Breach of Contract

• Definition: This tort occurs when one party encourages another to breach their contract with a different party, thus interfering with the contractual relationship.

• Elements Required:

  • Knowledge of the Existing Contract: The inducer must have awareness that a contract exists between the parties.

  • Inducement to Breach It: Direct persuasion or encouragement for the party to breach the contract creating potential legal ramifications.

• Example Cited: Companies attempting to recruit employees from their competitors, which can lead to legal consequences and claims for monetary damages if there is proof of intentionally inducing the breach.

Privacy Torts

• Three Basic Privacy Torts:

  • False Light: Misrepresenting someone's beliefs or actions in a manner that paints the individual in a misleading and negative light.

    • Example: The Borat case, where an individual was depicted inaccurately due to editing techniques, leading to harm to the individual's reputation.

  • Public Disclosure of Private Facts: This involves the illegitimate disclosure of private information that was meant to remain confidential, which can lead to emotional distress.

    • Example: Sharing personal information discussed in a confidential setting, such as medical details, without consent.

  • Invasion of Privacy: Intruding upon someone’s private life or affairs without consent, which may include physical intrusion or invasive surveillance.

    • Example: Erin Andrews' invasion of privacy case, where secret filming by a neighbor violated her reasonable expectation of privacy, and led to legal repercussions.

Summary of Legal Principles

The principles of intentional torts emphasize that truth functions as an absolute defense in defamation cases, reinforcing the significance of accuracy and integrity in public statements. Furthermore, privacy laws highlight the necessity of safeguarding confidential relationships, where breaches can lead to potential liability. It is essential to remember that for a claim of intentional tort to be valid, there must be evident deliberate action alongside the demonstration of resulting harm, underscoring the obligations that individuals have in their interactions with others.