BUSA2106 Lecture 18 Outline of Last Lecture I II III Copyrights Trade secrets International protection of intellectual property Outline of Current Lecture I II Intentional torts against the person Negligence Current Lecture What is a torte a A civil wrong resulting in injury to person s or property b A rich usually multilayered cake that is filled with buttercreams mousses jams or fruits What 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 went into 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 cause
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