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 reputationtort liability= a person who commits tort whose wrong/responsible will end up paying you if you sue them1. intentional tort (most similar to crime cus intend to do/cause injury)A) 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 wordsimplied 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) false imprisonment: confinement or restraint of a person without consent or justification D) abuse of process: groundless institution of civil proceedings against a personE) 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 seaccusation of crimestatement that degrades person in business/professionaccusation 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 proceedingsqualified= even if statement is false, speaker/writer is immune from liability (aka gonna win lawsuit) if/AND (aka all 3 must be found before you can be entitled to claim 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-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 harderto with additional requirement – malice)F) 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 & wonG) 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 actionH) fraud: intentional misrepresentation of a material fact justifiably relied upon by the injured partyex) mileage fraud on carI) nuisance: unreasonable interference with a persons right to use and/or enjoy his property*usually come to a compromise hereex) neighbor has a party with loud noiseJ) 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 anycourt 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-manufacturingnegligence in design (something in manuf process is off)negligence in selection of materialsnegligence 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)-retailingpremises liability (responsible to pay for negligence based on premises)*numerous problems hereprofessional malpractice C) duty of care: reasonable person standard – aka what
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