Exam 3 Study Guide Tort A civil wrong other than breach of contract for which the law provides a remedy in the form of a lawsuit for money damages tortus means crooked twisted sue for damages non economic damages i e pain suffering A tort involves a direct interference with a person or b property trespassing or c intangible interests i e reputation defamation Tort Liability 1 Intentional Tort purposely done 2 Negligence your fault due to carelessness 3 Strict Liability fault is irrelevant involves ultra hazardous activities such as the use of explosives 1 INTENTIONAL TORTS DAMAGES in intentional tort cases 1 Actual compensatory 2 Punitive punishing deterrence A Assault intentional act of 3putting another person in apprehension 1 Actual physical contact is not required 2 There must be present apparent ability to carry out the threat For example pointing a gun at someone The same act may be BOTH a TORT a CRIME separate trials crime is prosecuted first then a civil trial B Battery intentional touching of another person without consent justification 1 Consent a Expressed verbally by words b Implied by one s conduct c Informed Consent consent w o knowledge is not consent at all Note There is assault without battery battery without assault getting hit from behind C False Imprisonment intentional confinement or restraint of a person w o consent or justification restraint of liberty Common facie false accusation of shoplifting when security fails to follow the proper procedures when dealing with a shoplifter then he she has been falsely imprisoned FL Case Teen sues over psychiatric imprisonment claims she was wrongly imprisoned for 14 months deprived of school friends etc During her 396 day stay they used drugs and shackles to subdue her Million lawsuit D Abuse of Process groundless w o basis institution of civil proceedings against a person abusing the legal process Frivolous Lawsuit no seriousness with claim should never have been brought to a courtroom Spite Suit court is used as malice to get back at someone If you are a victim of this then you can turn it around and sue that person E Defamation hatred contempt or ridicule i e harms reputation hatred contempt ridicule publication of false statements which holds a person up to publication involving at least 3 people A tells B something false about C Truth is a defense to a lawsuit of defamation so it must actually be false 1 Slander oral defamation 2 Libel written defamation 3 Defamacast publication has been broadcasted via TV radio etc used by a few states only 4 Defamation Per Se in of itself if you engage in a false statement the harm to the persons reputation is automatic a Accusation of a crime b Statement that degrades person in business profession c Accusation of having a loathsome disease STD Note Law says this kind of false statement automatically harms the reputation we don t have to bring in anyone to prove The law isn t an enemy of common sense 5 Privilege deals with issues of defamation in certain instances which involve a weighing process a Absolute even if statement is false speaker writer is immune from liability 1 Judicial proceedings and or 2 Legislative proceedings Note If on the floor of one of these proceedings and you defame someone he she who s reputation was harmed cant sue you because in these scenarios we want people to speak openly w o fear of retribution b Qualified even if statement is false speaker writer is immune from liability if ALL 3 are met 1 statement made in good faith honest approach 2 statement made by person with legitimate interest 3 statement made in reasonable manner depends Restaurant Case During lunch rush hour the systems were down and the cashier would put money she received aside to deal with later to save time and help current customers The owner found this alarming and confronted her Owner You are not ringing up the cash in the register thus no record of customer purchases Cashier Are you accusing me of stealing gave opportunity for owner to say no disassociate himself but he replies Owner Well you re not ringing up the cash well isn t a no this is more of a shrug of the shoulders 1 False statement Although he didn t acuse her he did imply and the jury says you don t have to actually say thief or steal if one can reasonably take it accusingly 2 Qualified The accusation was made in good faith and as the owner he did have a legitimate interest BUT the statement wasn t made in a reasonable manner because he humiliated her in front of other people customers Owner lost the case and paid a large sum for defamation 6 Suits by public officials figures require a showing of malice a reckless disregard for the truth or falseness of the statement because these people are always in the limelight they should have a tougher skin National inquirer wins and loses cases all the time for example Carroll Burnett fought their accusation of being a drunk and won against them because 1 It was hear say 2 It couldn t be proven 3 Malicious intent Vexatious Litigant a person who in the immediately preceding 5 year period has commenced prosecuted or maintained pro se self representation five or more civil actions in any court in this state except an action governed by the Florida small claims rules which actions have been finally and adversely determined against such person or entity Remedies for Vexatious Litigant 1 Security cash bond before you continue with trial you have to put up money 2 Filing Order Judges permission is needed to file lawsuit If you file anyway if judge doesn t give permission you could be found in contempt of court F Intentional Infliction of Emotional Distress harming of one s psyche 1 Outrageous Conduct not tolerated in civilized society 2 Severe emotional distress getting feelings hurt doesn t count must be severe Both must be met to minimize the number of lawsuits brought to court Keeps out the cry babies who get their feelings hurt and helps those who need it Example Cases Young man serving in Vietnam went back to the states He called friend s parents to inform them of their son s death Parents spent 2 days freaking out until the man calls back to say he s joking their son didn t die He lost a very large settlement A wife left her husband in a nursing home for the weekend Monday she came to find nicks all over his face and the nursing staff claimed it was from trying to shave him She didn t believe them and after investigation found out rats were biting him All rape cases G
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