Module 6: Torts

Question 1

What is a Tort?

Answer 1

• 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

Question 2

Intentional Tort

Answer 2

Harm caused by deliberate action

Question 3

Unintentional Tort

Answer 3

Harm caused by carelessness

Question 4

Types of Obligations - and how are they created?

Answer 4

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.

Question 5

Types of Obligations - how are they enforced?

Answer 5

Contract - Suit by plaintiff.

Tort - Suit by plaintiff.

Criminal Law - Prosecution by government.

Question 6

Intentional Tort - Defamation

Answer 6

Is a false statement made by one person about another that causes harm.

Question 7

What are the two types of Defamation?

Answer 7

Libel

Slander

Question 8

Libel

Answer 8

Written defamation

Question 9

Slander

Answer 9

spoken defamation

Question 10

What is the criteria to prove defamation?

Answer 10

All four elements must be satisfied.

Question 11

Name the four elements of Defamation

Answer 11

1) Untrue Statement
2) Publication
3) Disregard the Truth
4) Harm

Question 12

Defamation #1 - Untrue Statement of Fact

Answer 12

Statement must be false to be actionable.

Opinions aren't defamatory.
General statements about a class are not defamatory

Question 13

Defamation #2 - Publication

Answer 13

The statement was published to a third party.

Doesn’t matter if it was intentional or negligent or careless

Question 14

Defamation #3 - Disregard for the Truth

Answer 14

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

Question 15

Defamation #4 - Harm

Answer 15

The plaintiff must show she suffered harm as a result of the defamation.

• Economic harm
• Reputational harm
• Defamation per se

Question 16

Per se Defamation

Answer 16

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.

Question 17

Intentional Infliction of Emotional Distress

Answer 17

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

Question 18

Battery

Answer 18

Intentional contact of another person that is unwanted or offensive.
- Subject to reasonableness, a pat on the back is not battery.

Question 19

Assualt

Answer 19

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)

Question 20

Types of Damages in Torts

Answer 20

• Compensatory Damages

- Punitive Damages

Question 21

Compensatory Damages

Answer 21

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.

Question 22

Punitive Damages

Answer 22

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