Ch. 6 Flashcards
torts
wrongs and compensation
tort action
one person brings a lawsuit against another person or group to obtain compensation or other relief for the harm suffered
compensatory damages
intended to compensate or reimburse a plaintiff for actual losses, to put them in the same position they had been before the tort occurred
special damages
compensate the plaintiff for monetary losses, such as medical expenses, lost wages and benefits, extra costs, the loss of irreplaceable items, or the cost of replacing or repairing damaged property
general damages
compensate individuals for the non monetary aspects of the harm suffered, such as pain and suffering
punitive damages
punish the wrongdoer and deter other from similar wrong doing. appropriate only when the defendants conduct was particularly egregious or reprehensible
gross negligence
intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another
tortfeasor
one committing the tort
intentional tort
requires intent, the tortfeasor must intend to commit an act, the consequences of which interfere with the personal or business interests of another in a way not permitted by law doesn’t have to be evil or harmful
assault
any intentional and unexcused threat of immediate harmful or offensive contact including words or acts that create in another person a reasonable apprehension of harmful contact
battery
completion of an assault results in battery, an unexcused and harmful or offensive physical contact intentionally performed
false imprisonment
the intentional confinement or restraint of another persons activities without justification, interferes with the freedom to move without restraint
intentional infliction of emotional duress
an intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another
actionable
capable as serving for the grounds of a lawsuit
defamation
wrongfully hurting a persons good reputation (generally when a statement of fact is wrongfully made, not usually a statement of opinion)
libel
written defamation
slander
oral defamation
the publication requirement
holds that for a statement to be defamation it must be published or announced to a third party, it cannot be a private letter. can be overheard or a letter to a secretary
damages for libel
general damages will be presumed as a matter of law after the liability for the libel has been established
damages for slander
the plaintiff must prove the slander with injury to establish the defendants liability
“slander per se”
no proof of special damages is required for it to be actionable
What are 4 examples of slander per se?
(1) a statement that another has a particular type of disease (2) that another has committed improprieties while engaging in a profession or trade (3) that another has committed or has been imprisoned for a serious crime (4) that a person is unchaste of has engaged in serious sexual misconduct (usually an unmarried woman)
damages for defamation
if a statement can be proven true then there will be no compensation provided to the plaintiff
privileged speech
immune to liability for defamatory speech. two types absolute and qualified
absolute privilege
protected against liability because the people generally deal with matters that are so much in the public interest that the parties involved should be able to speak out fully and without restriction
qualified (conditional) privilege
if the statements are made in good faith and the publication is limited to those that have a legitimate interest in the communication. the right to speak is equal in importance to the right not to be defamed
actual malice
generally public figures are fair game and can be defamed unless actual malice, made with either knowledge of its falsity to a reckless disregard of the truth
What are the 4 acts that qualify as invasion of privacy?
(1) appropriation of identity (2) intrusion into an individuals affairs or seclusion (3) false light (4) public disclosure of private facts
appropriation of identity
using a persons picture or identity for public use without permission
intrusion into an individuals affairs or seclusion
searching through someones home or things without permission
false light
publication of info about a person in false light
right of publicity as a property right
what some states know as appropriation. this aims to protect a persons financial right in the commercial exploitation of his or her identity
What are the elements of fraudulent misrepresentation?
(1) misrep of material facts or conditions with knowledge that they are false or with reckless disregard for the truth (2) intent to induce another party to rely on the misrep (3) justifiable reliance on the misrepresentation by the deceived party (4) damages suffered as a result of that reliance (5) a casual connection between the misrepresentation and the injury suffered
malicious prosecution
if a party that initiated a lawsuit did so out of malice and without probable cause and ended up losing the suit that party can be sued for malicious prosecution.
abuse of process
can apply to any person using a legal process against another in an improper manner or to accomplish a purpose for which the process was not designed. does not require the plaintiff to prove malice or that the defendant (who was previously the plaintiff) lost in a prior legal proceeding
business torts
only refer to wrongful interferences with the business rights of others
What are the 3 elements necessary for a wrongful interference with a contractual relationship to occur?
(1) a valid, enforceable contract must exist between two parties (2) a third party must know that this contract exists (3) third party must intentionally induce a party to the contract to breach the contract
trespass to land
entering onto land that is not yours without permission. must be est. trespassing (posted signs )
trespass to personal property
whenever any individual wrongfully takes or harms the personal property of another or otherwise interferes with the lawful owners possession and enjoyment of personal property
conversion
a person wrongfully possesses or uses the personal property of another without permission
disparagement of property
economically injurious falsehoods are made about another’s product or property rather than about another’s reputation (slander of quality, slander of title)
slander of quality
the pub. of info. about another’s product alleging that it is not what the seller claims it to be. must prove that this caused someone not to purchase the profit (lost profits)
slander of title
pub. falsely denies or casts doubt on another’s legal ownership of property resulting in financial loss to the property’s owner
