Tort Law- Tort – any non-criminal, wrongful action other than breach of contract; civil caseo Tortfeasor – one who commits a torto CAN ALSO be a crime; case itself is a civil case; you’ve been hurt in some way besides just breaking contracto Typically physical injurieso Emotional damages  emotional distress, ruin reputation, etc.o Must be intentional to be a crime **criminal intent**o Unintentional tort – ex. Negligence  slip and fall in a grocery store example  not intentional accident, but super market at fault because they should have cleaned mess quicker- Intentional tortso Intent – desire to bring about certain or substantially likely results Intentionally doing something that leads to an injury ex. Push someone lightly and person falls and breaks wrist; tortfeasor is liable for all medical bills and injurieso Assault and Battery Assault – placing another in immediate apprehension for his/her physical safety; making someone afraid for their physical safety Ex. Someone points a gun at you. Even if they never shoot it, it is still considered assault because you are afraid for your physical safety/life. Battery – touching of another without justification or consent (even if there is no injury) Assault without battery  someone coming up behind you Battery without assault  someone coming up behind you and putting hand on shouldero Intentional infliction of emotional distress – outrageous, intentional conduct carrying a strong probability of causing mental distress Someone says or does something to you and it has a strong possibility for great emotional distress Ex. University employee calls parents and tell them you’re dead. He calls back later to tell parents he is joking.  Remember Westboro Baptist Church case where they protested soldier’s funeral. Church won because they were protesting on public property (i.e. sidewalk) Law is about 30 to 40 years old (relatively new compared to others)o Invasion of privacy 1) misappropriation of a person’s name or likeness “Michael Jordan says that our burgers are the best he’s ever had.”  unless Michael Jordan actually did say this, it is illegal to use his name Paris Hilton’s face and catch phrase (“that’s hot”) on Hallmark card 2) intrusion upon person’s physical solitude Eavesdropping, peeping Tom, intruding on privacy in physical private space 3) public disclosure of highly objectionable, private information Have information that’s extremely private and personal, someone publishes that information (i.e. medical records are to be kept private by law) EXCEPTION: presidential candidate or high official has some type of medical issue that might sway some people’s vote… ex. “presidential candidate 1 has lung cancer”o False Imprisonment – intentional, unjustified confinement of a non-consenting person Ex. A person that shoplifts is held by store until the police arrive  how long were they held against their will? How much proof do you have that they committed a crime?o Trespass – entering another’s land without consent or remaining after being asked to leaveo Conversion – wrongful exercise of power and control over personal property  Ex. Theft, stealing someone’s stuffo Defamation – publication of untrue statements about another, leading to damage to the person’s character or reputation (must be all things highlighted in red) Ex. Lying about a competitor with false statements Slander – oral defamation Libel – defamation which is written, or broadcast over radio or television Defenses to defamation 1) truth – if you can prove what you said is true2) privileged communications – someone says something in a court or legislative proceeding3) public figure – celebrities  only guilty if you know (untrue or completely obscured. Everyone knows it is not true) it’s untrue – have to PROVE an intentional lieo Fraud – intentional misrepresentatioin of material fact(s) justifiable relied upon by someone leading to an injury- Business tortso Injurious falsehood – untrue statements disparaging another business’ product or quality Only in business content  one business lies about quality and/or safety of another business’s product Ex 4/5 people prefer McDonald’s fries over Wendy’s” – McDonalds must have some proof of that survey (even if the survey is bias)o Intentional interference with contractual relations – maliciously including another to breach or fail to fulfill a valid contractual obligation; persuading someone to break a contract- Unintentional tortso Negligence – an unintentional injury resulting from the defendants failure to use reasonable