BUSA2106 Lecture 18Outline of Last Lecture I. Copyrights; Trade secretsII. International protection of intellectual property III.Outline of Current Lecture I. Intentional torts against the personII. Negligence Current Lecture - What is a torte?a) A civil wrong resulting in injury to person(s) or propertyb) A rich, usually multilayered, cake that is filled with buttercreams, mousses, jams or fruitsWhat is a tort?• A tort is a civil wrong resulting in injury to person(s) or property• Generally comes from state common law• Tort law protects:– Physical safety– Property– Intangible interests, e.g., privacy, dignity - Types of Torts• Intentional torts• Negligent torts• Strict liability torts- Intentional Torts• Intentional torts require an intentional voluntary act by the defendant– Intentional?– Voluntary?- Intentional Torts Against the Person• Assault and battery• False imprisonment• Intentional infliction of emotional distress (IIED)• Defamation • Invasion of privacy/ appropriation• Fraudulent misrepresentation• Abusive or frivolous litigation• Wrongful interference- Assault and Battery• Assault: – An intentional, nonconsensual act – That creates a reasonable apprehension – That a battery is imminent• Battery: – Intentional contact with another – Without permission – That is harmful or offensive - Intentional Infliction of Emotional Distress• Elements:– Extreme or outrageous conduct by defendant– Intent to cause or reckless disregard of probability of causing – Severe emotional distress– (Some states: Physical manifestation of distress)Intentional Infliction of Emotional Distress?• As a practical joke, Dieter told Patsy that her husband had been smashed in a train wreck and she wentinto shock• A debt collector called Benito at 2:00 a.m. and threatened to harm his kids if he didn’t make his payments• An insurance company deliberately refused to pay life insurance proceeds to a widow that were covered under her husband’s policy- Defamation• Untrue statements that are published to third parties that injure the plaintiff’s reputation by exposing him or her to hatred, ridicule or contempt– Libel: Written defamation– Slander: Spoken defamation• Public figures– Defendant must know that the statement is false or recklessly disregard whether or not it is false- Invasion of Privacy• Forms:– Appropriation of identity, personality, name or likeness – Intrusion– False light– Public disclosure of private facts- Misrepresentation• Intentional misrepresentation or omission of – Material fact – Made with knowledge of falsity (or reckless disregard of truth)– Induces justifiable reliance– Causes injury to the plaintiff• Also called “fraud” Wrongful Interference with Contractual Relationship• A and B have a valid, enforceable contract• C knows that the A-B contract exists• C intentionally causes A or B to breach to promote C’s advantage Wrongful Interference with Business Relationship• A and B have an established business relationship– C uses predatory methods to end the A-B relationship– C’s actions harm A and/or B• BUT, bona fide competitive behavior, e.g., luring away customers through general aggressive advertising is OK• Depends on the context- Abusive or frivolous litigation• Abuse of process– Use of legal process (e.g., subpoena) to accomplish an improper purpose• Malicious prosecution– Intentionally instituting a civil or criminal suit without probable
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