Intentional torts Flashcards
What’s a tort?
comes form the latin word “tortus” meaning a “wrong.”
many activities that result in damage to others, with the exception of a breach of trust, a breach of duty that is entirely contractual in nature.
What are some of the earliest torts?
Violent assault and battery
Seizure of ones goods
slander of one’s name
whats the general rule of contract law?
applies to business activities where the parties have voluntarily agreed to their rights and responsibilities and which the courts will enforce through civil action
whats the general rule of tort law?
a party affected by a business activity that causes injury need not necessarily be associated with the business transaction or activity, and in many cases may be a complete stranger to the transaction.
Whats an assault?
a threat of violence or injury to a person
whats battery?
the unlawful touching or striking of another person
Whats an employer vicarious liability?
the liability of an employer for acts of his or her employees in the course of business
whats forcible confinement
confinement against a person’s will
whats defamation?
false statements that injury a person’s reputation
What’s Libel?
Defamation in some permanent forms, such as in writing, a cartoon, etc
Whats slander?
defamatory statements or gestures
Trespass
A tort consisting of the injury of a person, the entry on the lands of another without permission, or the seizure or damage of goods of another without consent
Whats conversion?
the refusal to deliver up a chattel to its rightful owner by a bailee
whats slander of goods?
a statement alleging that the goods of a competitor are defective, shoddy or injurious to the health of a consumer
Whats the injurious falsehood?
false statements about a firm, its products or business practices intended to dissuade others from doing business with the firm
Slander of title?
an untrue statement about the right of another to the ownership of goods
restraint of trade?
agreement between firms to fix prices, injure completion, or prevent others from entering a market
deceit?
a tort that arises when a party suffers damage by acting upon a false representation made by a party with the intention of deceiving the other
Fraudulent conversion
obtaining goods under false pretenses
unfair business practices
business practices designed to take advantage of consumer inexperience or ignorance
what are the 3 questions to check if an intentional tort exists?
- Was an act committed that is prohibited by common law?
- was it intentional?
- was it outside of a contract (or trust)??
if the answer is yes to all three, an intentional tort exists. Regardless, other liability may still exist under criminal law, contract law, or the law of negligence.
