Tort civil twisted wrong that the law provides remedy for in the form of a lawsuit for damages a tort involves a direct interference with 1 a person your body 2 property trespassing damaging etc 3 intangible interests ex slander reputation tort liability a person who commits tort whose wrong responsible will end up paying you if you sue them 1 A intentional tort most similar to crime cus intend to do cause injury assault intentional act of putting another person in apprehension for his physical safety AKA act that doesn t involve touching actual physical contact is not required must be present apparent liability to carry out the threat doing something that scares another person ex pointing a gun example would be a water gun story faking its real B battery intentional touching of another person without consent AKA involves touching consent express by words implied by conduct dr cop arresting informed consent consent without knowledge is no consent at all example would be where you re allowed to be touched by a dr without giving consent because it is known when you go that s why you re going another example is dr writing UK on uterus before removing no one won CANT have assault without battery but CAN have battery without assault ALWAYS can be sued for actual damages damages in intentional tort cases actual punitive punishing deterrence the same act may be both a crime and a tort but different trials judges juries ex fraud cases where people keep getting sued for assets C D E false imprisonment confinement or restraint of a person without consent or justification abuse of process groundless institution of civil proceedings against a person defamation publication daily of false statements which holds a person up to hatred contempt ridicule AKA hurts their reputation the word false makes this a tort cus its wrong to tell false statements slander oral defamation libel written defamation defamacast defamation per se accusation of crime statement that degrades person in business profession accusation of having a loathsome venereal disease don t have to prove that your reputation has been harmed if file lawsuit with defamation cus its automatically proven if what you say is true its NOT a tort of defamation cus it has to be false privilege absolute even if statement is false speaker writer immune from liability aka immune from liability but can be sued in either of these two cases 1 judicial proceedings 2 legislative proceedings qualified even if statement is false speaker writer is immune from liability aka gonna win lawsuit if AND aka qualified privilege 1 statement made in good faith 2 statement made by person with legitimate interest 3 statement made in reasonable manor jury decides EX restaurant case where cashier said boss was accusing her of stealing he met requirements 1 2 but was NOT in a reasonable manor cus was in front of people all 3 must be found before you can be entitled to claim F G suits by public officials public figures require a showing of malice a reckless disregard for the truth or falseness of the statement aka if you re a public official figure you can sue for defamation but a little harder to with additional requirement malice intentional infliction of emotional distress outrageous conduct not tolerated in civilized society severe emotional distress cant just be hurt feelings those 2 requirements try to filter possible avalanche of lawsuits that might occur court cant be a place for all hurt feelings ex lady who has husband in nursing home and went out of town and came back to his face scratched said from razor but really rats she sued won invasion of privacy intangible but valuable appropriation unlawful use of person s name or likeness stealing a name for endorsements intrusion unreasonable offensive interference with another s privacy ex peeping tom public disclosure of private facts publicity give to private info about another which is highly offensive objectionable to that person med info ss identity or rape victim false light publicity that places another in a false light remedies CAN SUE FOR 1 OR BOTH BELOW damages injunction a court order commanding an action or the refraining from an action H I J fraud intentional misrepresentation of a material fact justifiably relied upon by the injured party ex mileage fraud on car nuisance unreasonable interference with a persons right to use and or enjoy his property usually come to a compromise here ex neighbor has a party with loud noise alienation transfer of affection depriving a husband or wife of the affections of his her spouse AKA spouse is having an affair fl says can sue for gain for alienation of affection FLORIDA VAXATIOUS LITIGANT LAW security undertaking by a vexatious litigant to ensure payment to a defendant in an amount reasonably sufficient to cover the defendants anticipated expenses of litigation vexatious litigant person who in immediate 5 yr period has commenced prosecuted maintained 5 civil actions in any court in the state except an action governed by the FL small claims rules in any action pending in any court any defendant may move the court for an order requiring the plaintiff to finish security based on grounds the plaintiff is a vexatious litigant at the hearing upon motion to post security court shall consider any evidence relevant if plaintiff fails to post security required the court shall immediately issue an order dismissing the action 2 negligence most common in car accidents second type tort liability fault based A elements of a negligence lawsuit duty of care have to be very careful to everybody breach of duty of care negligent conduct break don t follow duty of care aka not careful causation cause some ones injury injury personal emotional property B types of business negligence manufacturing negligence in design something in manuf process is off negligence in selection of materials negligence in packaging ex 6 pack coke drops on toes negligence in quality control inspection testing no perfection just reasonable inspection cus manufacturing done in such large quantities retailing premises liability responsible to pay for negligence based on premises numerous problems here professional malpractice C duty of care reasonable person standard aka what mean when say you have to be careful would a reasonable person of ordinary prudence under like circumstances have done the same thing circumstances very detailed important to decipher D causation was the injury proximately caused by
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