Chapter 8 tort law Flashcards
a wrong or injury to another, other than a breach of contract (civil wrong that gives the injured party the right to bring a lawsuit against the wrongdoer to recover compensation for injuries
tort
is motive required to prove liability in an intentional tort case
no
when one person places another in fear or apprehension of an immediate, offensive bodily contact
assault
an intentional, unwanted, offensive bodily contact
battery
the intentional publication (or communication to a third party) of a false statement harmful to an individuals reputation
defamation
if the defamation is published in a permanent form, such as in a magazine or newspaper
libel
if the defamation is made orally
slander
statements so inherently harmful that general damages are presumed
slander per se
is an affirmative defense in a defamation action, occurs when the defendant admits to the accusation but argues there is a reason he should not be held liable
privilege
knowing that the statements were false or recklessly disregarding their falsity
actual malice
another conditional privilege, want to encourage free discussion about public figures, so we do not hold people liable for making false statements about them as long as the statements were not made with malice
public figure privilege
third conditional privilege, protects the media if defamatory material is published in an article based on an official report
fair report privilege
occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to another party
intentional infliction of emotional distress
A tort in which one person wrongfully subjects another to criminal or civil litigation for the sole purpose of causing problems for that other person, often in retaliation for previous litigation between the two
malicious prosecution
A tort in which one person wrongfully subjects another to criminal or civil litigation that has no justifiable basis
wrongful civil proceedings