lesson 5

Question 1

tort

Answer 1

french word meaning wrong, involves a violation of a duty imposed by civil law

Question 2

when discussing torts, often the duty is

Answer 2

simply the requirement to act reasonably

Question 3

two types of torts

Answer 3

negligence and intentional

Question 4

intentional torts

Answer 4

based on intentional acts

Question 5

intentional torts examples

Answer 5

assault, trespass, false imprisonment, intentional infliction of emotional distress, interference with a business relationship, defamation

Question 6

two types of defamation

Answer 6

slander and libel

Question 7

slander

Answer 7

oral defamation, occurs when one person makes defamatory comments or statements about another that is heard by at least one other person

Question 8

libel

Answer 8

written defamation, occurs when defamatory statements are written and given to another or are published

Question 9

requirements to prove defamation

Answer 9

1. defamatory statement - the statement is asserted as fact that is likely to harm reputation (opinions are NOT defamatory)
2. the statement must be false - if the statement is true, that is a complete defense to the claim of defamation
3. statement must be communicated - must be said or written to someone else
4. there must be some injury - person claiming defamation must show they were injured (lost job, suffered economic damage)

Question 10

slander per se / libel per se

Answer 10

in some types of defamation, the injury is assumed, and the complaining party does not have to prove damage

Question 11

four types of defamatory statements where damage is assumed

Answer 11

statements about sexual behavior, committing crime, contagious diseases, professional competence or ability

Question 12

new york times v sullivan (1964)

Answer 12

The NYT wrote about a police chief in Birmingham, Alabama, regarding civil rights activists. the supreme court ruled in favor of the newspaper, saying that as a person in a position of authority, part of your job is to accept the slander. It is more important to protect free speech than it is to protect the feelings of elected officials.
- you must have actual malice and a statement that was knowingly false/intended to cause harm (takes extreme cases to win)

Question 13

false imprisonment

Answer 13

the intentional restraint of a person without their consent or without reasonable grounds (bank teller restrained)
- does not require particular length of time

Question 14

false imprisonment vs abduction

Answer 14

abduction is hard to win in court

Question 15

false imprisonment exception in Virginia

Answer 15

law that says if you are a business owner or an employee, you have a right to physically detain a shoplifter for up to an hour until the police get there

Question 16

intentional infliction of emotional distress

Answer 16

results from extreme or outrageous conduct that causes serious emotional harm to another, usually comes in the form of verbal abuse, threats, or mistreatment (often comes in a workplace environment, but is extremely rare) (courts have ruled that tasteless, rude, inappropriate, and vulgar conduct is not enough)

Question 17

with IIED, some states require

Answer 17

there be actual documented physical effects (ulcers, vomiting, nausea, headaches). other states accept mental and psychological injuries only

Question 18

turley v ISG lackawanna

Answer 18

black steelworker was subjected to horrible abuse, threats, and racist treatment over several years. they were compensated over 1 million dollars

Question 19

assault vs battery

Answer 19

threatening behavior and language that leads up to the confrontation vs the actual offensive touching

Question 20

trespass

Answer 20

intentionally entering into or on the property of another:
- after being given notice not to go on the property/being in violation of no trespassing or posted signs
- after being told to leave and remaining on property

Question 21

with trespass, _____ must be proven

Answer 21

suffering or damage (difficult)

Question 22

conversion

Answer 22

taking and using the property of another without permission and depriving the true owner of the benefit thereof

Question 23

conversion is similar to

Answer 23

larceny, may sometimes constitute a form of larceny

Question 24

conversion can result in

Answer 24

a civil claim in addition to or in lieu of larceny

Question 25

civil fraud is

Answer 25

a civil claim in addition to or in lieu of criminal fraud

Question 26

damages

Answer 26

financial measurement of the value of the loss incurred by the complaint/plaintiff for the injury sustained

Question 27

compensatory damages

Answer 27

most common type of damages, ordinarily involve many types of damages both current and future. - under the single recovery principle, the courts are to resolve all damages at one time so the plaintiff and defendant can be assured that additional claims do not rise later, intent is to make sure the case is final.

Question 28

how are damages presented or awarded

Answer 28

Typically, after all evidence is presented, during closing arguments the plaintiff’s lawyer ends the case with a chart that is presented to the judge or jury trying the case. It lists any and all damages and their amounts

Question 29

punitive damages

Answer 29

additional damages to compensatory damages, awarded in rare circumstances to punish the defendant for particularly egregious conduct and to deter such conduct in the future (some states like VA have caps on these damages)

Question 30

tortious interference with a contract

Answer 30

a business tort involving an existing contract between 2 or more parties that is interfered with by a defendant (often a business competitor)

Question 31

in order to prove the intentional tort of tortious interference with a contract, the plaintiff must establish the following:

Answer 31

1. a contract between plaintiff and third party 2. defendant knew about the contract 3. the defendant improperly induced the third party to breach the contract or took some action to make the contract impossible 4. there was injury to the plaintiff

Question 32

what about bidding against another business to purchase land or enter into a contract

Answer 32

there is no contract, not a violation

Question 33

lanham act

Answer 33

describes false advertising when used to gain a competitive advantage or to deliberately hurt a competitor

Question 34

to prove false advertising, the plaintiff must establish that:

Answer 34

1. the defendant made false or misleading statements about its products or a competitor's 2. statements were material and likely to influence purchasing decisions 3. defendants used statements in commercial advertising or promotion 4. statements created the likelihood of harm