Chapter 10 Intentional Torts Part 2 Flashcards
Intentional Infliction of Emotional Distress
(1)Extreme and outrageous conduct resulting in (2) severe emotional distress to another.
Must be shown by the preponderance of the evidence.
White vs. Monsanto
Irma White suffered a panic attack after being dressed down by her supervisor using vulgar language and unfairly threatening to fire her. White won a jury award of $60,000. His conduct probably was not tolerable in a civilized community: he was rude, cursed and etc. but he was not extreme and outrageous enough technically.
Burgess vs. Taylor (2001)
The horses case. Jury found it was extreme and outrageous conduct! They knew Taylor’s connection to the horses, she went through an extreme arrangement to see the horses, therefore she had strong ties to the horses! This knowledge is very important! A jury awarded her $1,000 for the contract breach; $50,000 in compensatory damages and $75,000 in punitive damages on the tort claim.
Hustler vs. Falwell (1988)
Here we use the Public figure/Actual malice requirement. Falwell was known for morality, political views.
He was upset and sue because he felt severe and emotional distress from being placed in Hustler magazine.
Opinion is protected, no matter how upset you become when you are a public figure.
Snyder vs. Westboro Baptist Church
Right of political speech vs. right to privacy (Found this extreme and outrageous). The Supreme Court said: The church’s speech was protected by the 1st amendment despite being outrageous and extreme! (8 to 1 decision). Supreme Court says you can not ban these freedoms of expression, but they can have them put restrictions on where and when (in relation to time) these protests could take place! The Church has the right conduct these protests, but should they (responsibility)?
Commercial Appropriation
Use of a person’s name, picture or other likeness or identity for commercial purposes without permission.
Vanna White vs. Samsung Electronics (1992)
White sued claiming that Samsung had appropriated her identity without her permission.
What constitutes a person’s “identity”? Is fame a property right? The Court protects this right of fame, despite the fact that they do not necessary respect it. White owns her fame, therefore Samsung can not infringe on it. Samsung also called this the Vanna White Ad, therefore it helped the court to make its decision.
Midler vs. Ford Motor Co.
1) Ford wanted Midler’s rendition of a song, however she did not want to give Ford permission. Ford hired one of her backup singers to sing the song as if she was Midler for the commercial.
What constitute a persons identity? 2) The Court: A voice is as distinctive and personal as a face. To copy her voice is to infringe on her identity. Ford wanted her voice, showing that there was value in there as well.
3) Does not have to be photographed or image, even an audio image is justified for protection of the tort of commercial appropriation.
Fraud
Misrepresentation of a material fact known to be false or made with reckless disregard for its truth, made with the intent that another to rely upon its truth, resulting in the reasonable reliance by the other to his/her detriment.
Fraud (cont.) Additional Information
Rarely results in personal injury but results in financial injury! Does have an element here of trying to harm. Scienter: Known to be false and made to their detriment. Distinguish fact from opinion.
