BUL 3310 Exam 3 Study Guide Alvin Stauber i A civil wrong other than breach of contract for which the law provides a remedy in Tort a Definition the form of a lawsuit for money damages b A tort involves a direct interference with i Person or ii Property or 1 Hit someone attack someone etc 1 Damaging Property iii Intangible Interests 1 Reputation Tort Liability Responsibility Intentional Tort i Crime c d Negligence i Fault based Liability e Strict Liability i Intentional Torts f Assault i If you did the act you are responsible Intentional act of putting another person in apprehension for his physical safety Make someone feel as if they are in danger of being hurt physically 1 Actual physical contact is not required a Can point a gun at someone and they will feel as if they are in danger 2 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 time g Battery i Intentional Touching of another person without consent of justification 1 Consent a Express By Words i I am going to touch you now person must provide a point of approval b 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 will ii A Cop does not have to tell you they are going to handcuff you Informed Consent Consent without knowledge is no consent at all c i Approval without knowing what they are approving is as good as saying NO h Can there be an Assault without a Battery i Yes pointing a gun at someone but never pulling the trigger i Can there be a Battery without an Assault i Yes Shoot somebody in the back They never felt an apparent threat Just the bullet j Damages in Intentional Tort Cases i Actual Compensatory ii Punitive Punishing Deterrence 2 False Imprisonment a Intentional confinement or restraint of a person without consent or justification a Groundless institution of civil proceedings against a person a Publication of false statements which holds a person up to hatred contempt or ridicule i A form of communication that speaks negatively towards a person 3 Abuse of Process 4 Defamation b Slander c Libel i Oral Defamation Speaking badly in regards to someone ii Calling a person a bad person in front of them to a friend i Written Defamation Writing negatively about someone ii Writing an article about someone saying they were a bad person i Broadcasting Negatively On tv or radio for example d Defamacast e Defamation per se i Accusation of Crime 1 Calling Johnny a thief Harms his reputation ii Statement that Degrades Person in Business Profession 1 Calling someone a Quack Doctor or an Incompetent Judge Harms their business reputation iii Accusation of Having a Loathsome Disease 1 Syphilis Gonorrhea etc Harms their reputation f Privilege i Absolute even if statement is false speaker writer is immune from liability Judicial proceedings Court or 1 2 Legislative Proceedings Law Ordinance ii Qualified a Want people to speak out and not be afraid of retaliation even if statement is false speaker writer is immune from liability 1 Statement made in good faith Honest attempt and 2 Statement made by person with legitimate interest Ownership Personal connection and 3 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 manner g Suits by public officials public figures require a showing of malice a reckless disregard for the truth or falseness of the statement 5 Intentional Infliction of Emotional Distress a Outrageous Conduct Not tolerated in civilized society and b Severe Emotional Distress i 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 Privacy a Appropriation Unlawful use of person s name or likeness b i Must get permission to use name in ads Intrusion i Peeping tom Unreasonable offensive interference with another s privacy publicity given to private information about another c Public Disclosure of Private Facts which is highly offensive objectionable to that person i Private medical info ii Posting bad checks at cash register iii Disclosing SS iv Revealing Identity of Rape Victims d False Light Publicity that places another in false light i Defamation of reputation e Remedies Either or Both i Damages 1 Money ii Injunction 1 A court order commanding an action or the refraining form an action Intentional misrepresentation of a material fact justifiably relied upon by the injured party i Odometer rollback mail fraud perjury etc ii Due Diligence Justifiable reliance 7 Fraud a 8 Nuisance a Unreasonable interference with a person s right to use and or enjoy his property i Judges will come to a compromise 1 Time restraints or something similar 9 Alienation of Affections Transferring Affections a Depriving a husband or wife of the affection of his her spouse i Spouse is having an affair b Florida Statutes 2013 i 771 01 Certain Tort actions abolished 1 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 abolished Negligence c Elements of a Negligence Lawsuit i Duty of Care 1 Keep people safe ii Breach of Duty of Care Negligent Conduct 1 Do not follow duty iii Causation Injury iv 10 Types of Business Negligence a Manufacturing i Negligence in Design 1 Bad Design forces recall ii Negligence in Selection of Materials 1 Used inferior Materials iii Negligence in Packaging 1 Careless prep on retail premises Stuff falling off of the shelves 1 Poor Packaging iv Negligence in Quality Control b Retailing i Premises Liability c Service i Professional Malpractice 1 Negligence in professional service a Maintaining professional care d Duty of Care Reasonable Person Standard i Reasonable Person 1 Were they reasonable ii Of Ordinary Prudence 1 Under ordinary caution iii Under like or similar circumstances 1 Acting as if anyone would have in a similar situation i Was the injury proximately caused Closely Connected to defendant s negligent e Causation conduct 1
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