Module 6: Torts Flashcards
What is a Tort?
- An action by another that results in damages that are recoverable.
- A civil wrong. An umbrella term for a group of claims
– Negligence, Defamation, Intentional Infliction of Emotional Distress,
Assault, Battery, etc. - Violation of a duty or obligation imposed by civil law
Intentional Tort
Harm caused by deliberate action
Unintentional Tort
Harm caused by carelessness
Types of Obligations - and how are they created?
Contract - Parties agree on a contract.
Tort - The civil law imposes duties of conduct on all persons.
Criminal Law - The criminal law prohibits certain conduct.
Types of Obligations - how are they enforced?
Contract - Suit by plaintiff.
Tort - Suit by plaintiff.
Criminal Law - Prosecution by government.
Intentional Tort - Defamation
Is a false statement made by one person about another that causes harm.
What are the two types of Defamation?
Libel
Slander
Libel
Written defamation
Slander
spoken defamation
What is the criteria to prove defamation?
All four elements must be satisfied.
Name the four elements of Defamation
1) Untrue Statement
2) Publication
3) Disregard the Truth
4) Harm
Defamation #1 - Untrue Statement of Fact
Statement must be false to be actionable.
Opinions aren't defamatory. General statements about a class are not defamatory
Defamation #2 - Publication
The statement was published to a third party.
Doesn’t matter if it was intentional or negligent or careless
Defamation #3 - Disregard for the Truth
Public figures:
plaintiff must produce clear and convincing evidence that the defendant actually knew the
information was false or entertained serious doubts as to the truth of his publication. In making this
determination,
– Higher standard of proof
– Why? Public figur
Negligence in making false statement (applies to private figures)
– Easier standard of proof for plaintiff; plaintiff is not significantly in the public eye, no
interest in protecting public debate
– Negligence is ‘mere carelessness’
– Lower standard of proof
Defamation #4 - Harm
The plaintiff must show she suffered harm as a result of the defamation.
- Economic harm
- Reputational harm
- Defamation per se
Per se Defamation
Certain types of defamatory statements are so distasteful that the law presumes harm when they are published.
-false statements about someones’ criminal or sexual conduct, having a disease, etc.
Intentional Infliction of Emotional Distress
Arises from extreme or outrageous conduct that causes someone serious emotional harm
• Tactless, rude, vulgar, or inappropriate conduct is not enough
• Must be “so outrageous in character, and so extreme in degree, as to go beyond all
possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a
civilized community.”
• Victim must suffer severe emotional distress, do not need physical injury
Battery
Intentional contact of another person that is unwanted or offensive.
- Subject to reasonableness, a pat on the back is not battery.
Assualt
Doing an act that makes someone fear of an imminent battery.
- No actual contact is required.
- Attack with bat, but miss, and victim sees the swing coming (if person is hit,
constitutes both assault and battery)
Types of Damages in Torts
- Compensatory Damages
- Punitive Damages
Compensatory Damages
Intended to ‘compensate’ injury; restore to original position
- Medical, lost wages, pain and suffering.
- Through settlement or a jury verdict.
- Single recovery - settle claims once and for all.
Punitive Damages
Intended to punish the defendant
– Extreme/outrageous conduct (involving deceit for example)
– Make an example of the defendant
– Persistent fraud or harassment / flagrant violation of the law
– Amount a jury can award is not unlimited; courts will overturn awards that are grossly
excessive
