FIN 331: Chapter 6 Flashcards
Tort
a civil wrong that is not a breach of contract
How to punish the conduct of wrongdoer?
Punitive Damages
4 Types of Wrongfulness
Intent
Recklessness
Negligence
Strict Liability
Intent
desire to cause certain consequences resulting from one’s behavior
Intent Example
D pulls the trigger of a loaded gun intending to kill P.
Recklessness
a form of intent. A conscious indifference to a known and substantial risk of harm created by one’s behavior.
Recklessness Example
D fires his gun in a crowded area because he likes the flash and sound of it. One of shots injures Pl. D was reckless
Negligence
failure to use reasonable care, with harm to another party occurring as a result
Negligence Example
D pulls a trigger thinking it is unloaded, gun goes off and wounds P, D was negligent
Strict Liability
liability without fault, or liability irrespective of fault where plaintiff does not need to prove intent, recklessness, negligence, or any wrongfulness.
Intentional Torts=
Wrongdoer intends the consequence of his act
Intentional Torts to Person
Battery Assault False Imprisonment Emotional Distress Defamation Invasion of Privacy
Battery
the intentional and harmful or offensive touching of another without his consent
Battery can be 2 things
Harmful
Offensive
Harmful
causes bodily injury
Offensive
non-harmful contact
Intent of Battery
- Intent to cause harmful or offensive contact
- Intent to cause apprehension that such contact is imminent
Transferred intent
defendant intends to hurt one person but injures another, still liable to the person injured.
Assault
intentional attempt or offer to cause a harmful or offensive contact with another person, if that attempt or offer causes a reasonable apprehension of imminent battery in the other person’s mind
Apprehension in Assault
- does not involve fear
- must be imminent or immediate
- must be at the time the threatened battery occurs
Threats of future battery
does not create liability of assault
Threatening words are
not assault unless accompanies by acts or circumstances indicating the defendant’s intent to carry out the threat
Key to Assault
plaintiff’s apprehension of a harmful or offensive contact
False Imprisonment
intentional confinement by physical barrier or threat of another person for an appreciable time (a few minutes enough) without his consent where the person feels un-free to leave
Partial confinement where there is a path to exit is
not false imprisonment
Liability for False Imprisonment with consent
No liability
Emotional distress
Wrongdoer’s conduct must be outrageous(such as sexual or racial insults, horrible practical jokes etc.) before liability for emotional distress arises
In order to be liable of Emotional distress,
Defendant must intentionally or recklessly inflict the distress in order to be liable
Courts require what in Emotional Distress to limit Fraudulent claims?
Proof of physical injury
Defamation
the unprivileged publication of false and defamatory statements concerning another
The tort of defamation protects
the individual’s interest in his reputation
Types of Defamation
Libel
Slander
Libel
written or printed defamation or to other defamation having a physical form such as a defamatory picture, sign or statue
Does plaintiff of Libel need proof of special damages?
No
special damages
actual injury or harm
Slander
False statements that the plaintiff:
- has committed a crime involving moral turpitude or potential imprisonment
- has a loathsome disease
- is professionally incompetent or guilty of professional misconduct
- is guilty of sexual misconduct
Does plaintiff of Slander need proof of special damages?
Yes
Defamatory statement
one that is likely to harm the reputation of another by injuring his community’s estimation of him or by deterring others from associating or dealing with him
Liability for defamation requires
publication of the defamatory statement
Who is liable of a defamatory, publisher or distributor?
publisher
Are satire and humorous a defamation?
No
Is opinion a defamation?
No
How can defendant be liable regarding fictional account whose characters resemble real people
if a reasonable reader could identify the plaintiff
Privileges in Defamation
Absolute
Conditional
Absolute
shields the author of a defamatory statement regardless of her knowledge, motive, or intent
Example of Absolute privilege
Legislative, judicial proceedings
Conditional
gives the defendant a defense unless the privilege is abused
