Chapter 6 Flashcards
What is a tort?
A violation of duty imposed by the civil law when a person breaks the duties and injures another
What is Intentional Tort?
Involves intentional conduct, not the intended result
Defamation
Plaintiff must prove all 4 of the elements to prevail
- Harmed/injured their reputation
- False/untrue
- Communicated (public) to a third party
- Must show injury
Libel
Written- Defamation
Slander
Oral-Defamation
Public Figure-defamation
Public figure has to show 1-4 and whatever was written or said was malice which means the person did it on purpose and knew it was false.
False Imprisonment
is the intentional restraint of another person without reasonable cause and without consent
Emotional Distress
Causes emotional harm. It has to be extreme and outrageous (Courts are concerned that people can pretend to be in emotional distress)
Battery
Intentional touching that causes harm or is offensive
Assault
Immediate fear of harmful conduct/battery
Fraud
Injuring another person by intentional deception. False statement of material fact. Person relies on the false statement and gets injured
Trespass
Go onto property without owners permission
Conversion
Taking or using someones personal property without consent. (Long period of time)
Tortious Interference with a contract
- Contract existed and defendant knew it
- Defendant induced party to breach the contract
- Damages/injuries
Intrusion
To be left alone to some extent. (cannot listen to phone calls or spy on you)
Compensatory Damages
Money intended to restore the plaintiff to the position he/she was in before the injury.
Punitive Damages
Intended to punish the defendant for conduct that is extreme and outrageous usually a monetary punishment
Privilege
In certain situations it is allowable to speak freely without fear of being sued for defamation
Intentional infliction of emotional distress
Results from extreme and outrageous conduct that causes serious emotional harm.
Single Recovery Principle
Requires a court to settle the matter once and for all, by awarding a lump sum for past and future expenses.
Lanham Act
Provides broad protection against false statements intended to hurt another business. Prohibits false statements in commercial and advertising.
Malice
Public Personalities can win a defamation suit only by proving actual malice.
Commercial Exploitation
The right to commercial exploitation prohibits the use of someones likeness or voice for commercial purposes without permission
Slander per se
Lies in the four categories of defamation
