CH. 8 - Intentional Torts and Business Torts

Chapter 8: Intentional Torts and Business Torts

Understanding Torts

  • Definition of Tort:

    • The word "tort" comes from French meaning "wrong." In legal terms, a tort is a violation of a duty imposed by civil law, resulting in injury to another individual or their property.

    • Examples of Torts:

    • Libel: Injurious written statements.

    • Negligence: A surgeon's error, such as removing the wrong kidney.

    • Tortious Interference with a Contract: Deliberate interference by a business executive in another's contract.

    • Fraud: A con artist misleading another for financial gain.

Distinctions Among Legal Areas

  1. Criminal Law:

    • Actions like theft or drug trade; concerned with protecting society; government prosecutorial action.

    • Consequences may include imprisonment or fines, with fines going to the state, not victims.

  2. Tort Law:

    • Actions arising from civil wrongs; victims seek redress through lawsuits.

    • The victim bears the cost of pursuing justice, can only seek monetary damages.

  3. Contract Law:

    • Involves agreements made between parties (e.g., a contract for the sale of sneakers).

    • Performance failures lead to claims based on breaches rather than legal duty violations.

Intentional Torts

  • Definition: Torts caused by deliberate actions.

    • Liability: A defendant may be liable even if harm was unintended (e.g., accidental injury from a thrown object).

Key Concepts of Intentional Torts

8-1a. Defamation

  • Definition: False statements harming an individual's reputation.

    • Types:

    • Libel: Written defamatory statements.

    • Slander: Spoken defamatory statements.

  • Four Elements of Defamation:

    1. Defamatory Statement: A factual statement likely to harm someone's reputation (e.g., false claims of misconduct).

    2. Falsity: Proving a statement is false is crucial for a defamation case. (e.g., true statements are not defamatory, regardless of harmful intent).

    3. Communication: Must be shared with at least one other person besides the plaintiff.

    4. Injury: Demonstration of actual harm - unless concerning certain severe categories (e.g., criminal behavior).

Calculation of Injury:

  • Statements about sexual behavior, crimes, etc., are sometimes presumed harmful.

Landmark Case: New York Times Co. v. Sullivan (1964)

  • Case Facts: Involved a civil rights advertisement describing police brutality; L.B. Sullivan claimed defamation without being named.

  • Supreme Court Decision:

    • Established that public figures must prove actual malice in defamation cases:

    • Actual Malice Defined: Knowledge of falsity or reckless disregard for truth.

    • Resulted in the New York Times' victory as the statements did not meet the malice requirement.

  • Current Implication: Public figures face a tougher standard in defamation claims than private individuals.

Defamation Privileges

  • Absolute Privilege: Exists in specific contexts (e.g., courtrooms, legislative sessions) to protect free speech.

8-1b. False Imprisonment

  • Definition: Deliberate restraint of another person without reasonable cause or consent (e.g., locking someone in a room).

  • Retail Contexts: Detaining customers for suspected theft must be reasonable.

    • Legal standards exist to avoid irrational detainment practices.

8-1c. Intentional Infliction of Emotional Distress (IIED)

  • Definition: Intent causing severe emotional distress through extreme or outrageous conduct (e.g., threats or lies causing panic).

  • Case Example: Turley v. ISG Lackawanna, Inc.: Chronic harassment and racism in the workplace led to emotional distress claims and substantial damages awarded.

  • Criteria for IIED Claims:

    • Outrageous conduct must be proven beyond mere unpleasantness.

8-1d. Battery and Assault

  • Battery: Intentional harmful or offensive touching (e.g., throwing an object causing injury).

  • Assault: Causing another to fear imminent physical harm. No actual battery may need to occur for assault liability.

Distinction Between Assault and Battery:

  • Battery requires physical contact or harm whereas assault centers on fear or threat of harm.

8-1e. Trespass, Conversion, and Fraud

  • Trespass: Intentionally entering or remaining on another's property without consent.

  • Conversion: Using someone’s belongings without permission.

  • Fraud: Deceiving someone to cause a financial loss or gain unjustly.

8-2. Damages in Tort Cases

8-2a. Compensatory Damages

  • Definition: Monetary compensation awarded to restore the injured party to their pre-injury position.

    • Elements of Compensation:

    1. Medical Expenses: All proven expenses covered; future costs also expected to be included.

    2. Lost Wages: Missed work calculations based on salary.

    3. Pain and Suffering: Subjective assessment of emotional or physical pain experienced.

8-2b. Punitive Damages

  • Definition: Monetary penalties awarded to punish defendants for egregious behavior, beyond just compensating the plaintiff.

  • Guidance on Award Ratios: The Supreme Court indicates punitive damages should generally not exceed a cap related to gender compensatory damages.