BUL 3310 Exam 3 Study GuideAlvin StauberTorta. Definitioni. A civil wrong, other than breach of contract, for which the law provides a remedy in the form of a lawsuit for money damagesb. A tort involves a direct interference with:i. Person, or1. Hit someone, attack someone, etc.ii. Property, or1. Damaging Propertyiii. Intangible Interests1. ReputationTort Liability (Responsibility) c. Intentional Torti. Crimed. Negligencei. Fault based Liabilitye. Strict Liabilityi. If you did the act, you are responsibleIntentional Tortsf. Assaulti. Intentional act of putting another person in apprehension for his physical safety (Makesomeone feel as if they are in danger of being hurt physically)1. Actual, physical contact is not requireda. Can point a gun at someone and they will feel as if they are in danger2. There must be present, apparent ability to carry out the “threat”a. When the gun is pointed at the person it is apparent that the person might, and has the ability, to hurt them at that timeg. Batteryi. Intentional Touching of another person without consent of justification1. Consenta. Express (By Words)i. “I am going to touch you now” person must provide a point of approvalb. Implied (By Conduct)i. A doctor does not have to tell you that they are going to touch you because it is understood that they willii. A Cop does not have to tell you they are going to handcuff you c. Informed Consent (Consent without knowledge is no consent at all)i. Approval without knowing what they are approving is as good as saying NOh. Can there be an Assault without a Battery?i. Yes, pointing a gun at someone, but never pulling the triggeri. Can there be a Battery without an Assaulti. Yes, Shoot somebody in the back (They never felt an apparent threat… Just the bullet)j. Damages in Intentional Tort Casesi. Actual (Compensatory)ii. Punitive (Punishing/Deterrence)2. False Imprisonmenta. Intentional confinement or restraint of a person without consent or justification3. Abuse of Processa. Groundless institution of civil proceedings against a person4. Defamationa. Publication of false statements which holds a person up to hatred, contempt, or ridiculei. A form of communication that speaks negatively towards a personb. Slanderi. Oral Defamation (Speaking badly in regards to someone)ii. Calling a person a bad person in front of them to a friendc. Libeli. Written Defamation (Writing negatively about someone)ii. Writing an article about someone saying they were a bad persond. Defamacasti. Broadcasting Negatively (On tv or radio for example)e. Defamation per sei. Accusation of Crime1. Calling Johnny a thief (Harms his reputation)ii. Statement that Degrades Person in Business/Profession1. Calling someone a Quack Doctor or an Incompetent Judge (Harms their business reputation)iii. Accusation of Having a Loathsome Disease1. Syphilis, Gonorrhea, etc. (Harms their reputation)f. Privilegei. Absolute-even if statement is false, speaker/writer is immune from liability1. Judicial proceedings (Court), or 2. Legislative Proceedings (Law/Ordinance)a. Want people to speak out and not be afraid of retaliation ii. Qualified - even if statement is false, speaker/writer is immune from liability1. Statement made in good faith (Honest attempt) and2. Statement made by person with legitimate interest (Ownership/Personal connection) and3. Statement made in reasonable manner (Formally confront an individual)a. Example/Owner tells cashier that he is not ringing up the cash in the register, cashier asks if he is accusing him of stealing, owners replies by again saying he was not ringing up the cash. i. Made in good faith, owner has interest in somebody stealing from his company, but since he asked in front of other people it was not a reasonable mannerg. Suits by public officials/public figures require a showing of malice –a reckless disregard for the truth or falseness of the statement5. Intentional Infliction of Emotional Distressa. Outrageous Conduct (Not tolerated in civilized society), and b. Severe Emotional Distressi. Example/Man lies to family about his son coming over seas. This was outrageous conduct and caused sever emotional distress therefore they could sue him.6. Invasion of Privacya. Appropriation - Unlawful use of person’s name or likenessi. Must get permission to use name in adsb. Intrusion - Unreasonable, offensive interference with another’s privacyi. Peeping tomc. Public Disclosure of Private Facts - publicity given to private information about another which is highly offensive/objectionable to that personi. Private medical infoii. Posting “bad checks” at cash registeriii. Disclosing SS #iv. Revealing Identity of Rape Victimsd. False Light- Publicity that places another in false lighti. Defamation of reputatione. Remedies (Either or Both)i. Damages1. Moneyii. Injunction1. A court order commanding an action or the refraining form an action7. Frauda. Intentional misrepresentation of a material fact justifiably relied upon by the injured partyi. Odometer rollback, mail fraud, perjury, etc.ii. Due Diligence – Justifiable reliance8. Nuisancea. Unreasonable interference with a person’s right to use and/or enjoy his propertyi. Judges will come to a compromise1. Time restraints or something similar9. Alienation of Affections (Transferring Affections)a. Depriving a husband or wife of the affection of his/her spousei. Spouse is having an affairb. Florida Statutes (2013)i. 771.01 Certain Tort actions abolished1. the rights of action heretofore existing to recover sums of money as damage for the alienation of affections, criminal conversation, seduction or breach of contract to marry are hereby abolishedNegligencec. Elements of a Negligence Lawsuiti. Duty of Care1. Keep people safeii. Breach of Duty of Care (Negligent Conduct)1. Do not follow duty iii. Causationiv. Injury10. Types of Business Negligencea. Manufacturing i. Negligence in Design1. Bad Design forces recallii. Negligence in Selection of Materials1. Used inferior Materialsiii. Negligence in Packaging1. Poor Packagingiv. Negligence in Quality Controlb. Retailingi. Premises Liability1. Careless prep on retail premises (Stuff falling off of the shelves)c. Servicei. Professional Malpractice1. Negligence in professional service a. Maintaining professional cared. Duty of Care: Reasonable Person Standardi. Reasonable Person1. Were they reasonable?ii. Of Ordinary Prudence1. Under ordinary cautioniii. Under like or similar circumstances1.
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