HRM 1133-Lecture 17 March 17 2014Chapter 6Intentional torts- Where the defendant indented to do something to harm the plaintiffConcept of Vicarious liability- Liability “through another” - Tortfeasor is always personally liableRespondeat superior –What rationale?- Let the master answer for the conduct of the servant- Deals with employee and employer Situations for vicarious liability in the legal system- Evening our resources - Aware of what employee has done>Business/EE - Liable for what their employees do>Parent/Child- Responsible for what their child does How do intentional torts differ?1) What plaintiff must prove- Prove that the defendant intended to harm them2) Types of damages- Can get punitive damages 3) No vicarious liability- Businesses don’t hire people that are going to intentional hurt another4) Insurance coverage- General rule, no insurance coverage- Because insurance is to cover accidental casesAssault and Battery>Assault - Causing somebody to apprehend a harmful/offensive conduct o Pointing gun, raising fist>Battery- Involves actually causing harmful or offensive contact to someoneApplication of assault and battery principles to a bouncer/eviction and removal of guests- If somebody is causing trouble, does bouncer have right to initiate force?o NO, call police first- Bouncer does have right to defend himself o If person swings at bouncer, etc.- Bouncer has right to defend another person- Check bouncer out very carefully before hiring (do background check)- It is possible to get bouncer insurance Intentional infliction of emotional distress- Words and conduct—intentionally tries to emotionally harm somebody - Words have to be extremeo Ex: Racial epithetsDefamation-Libel and Slander- Libel- written defamationo Books magazines, websites, articles- Slander- verbal defamationo Radio broadcast -False statement-Fact -Publication- Have to hear it, witness-Injury to reputation-Status of Plaintiff and defendant does matter- Public figure o Politician, news star, singer, entertainer - Media defendanto Newspaper, radio station, TV station o Have protection under 1st amendment --Really hard for restaurant to win defamation for bad restaurant reviewPrivacy concepts/laws—Erin Andrews case- 40 year old man that stocked her- Would call hotels saying he was friends with her and to book his room next to hers- Would use technology to get video footage of her changing various times- Then tried to sell these videos to a website- Hotels sued by negligence by Erin Andrews o Ritz, Marriott, etc.- Man is in federal prison for about 6 years Invasion of privacy tort—4 ways- Commercial use of name and likeness without permission o Cant use someone’s name or photograph to try to make money- Seclusion/private spaceo Intruding on private space o Erin Andrews caseo Right to privacy inside the room- Private info/falseo Publishing private information about someone that is falseo False light privacy o Movie about Ruben ‘Hurricane’ Carter—depict results of a fight but portray it as a very controversial fight; put Giardello in a false light- Private info/trueo Publishing private information that is true, but without permission and may be embarrassing/offensiveo Saying something that a reasonable person would expect to be kept secret Inquiries by outsiders for room numbers- Should never give someone’s room