Exam 3 Material Tort A civil wrong other than a breach of contract for which the law provides a remedy in the form of a lawsuit for money damages tortus means crooked twisted behavior Sue for money damages and non economic damages ex pain and suffering A tort involves a direct interference with a a person b property trespassing c intangible interests privacy reputation defamation Tort Liability first two are fault based liability Intentional Tort purposely done 1 2 Negligence most tort lawsuits carelessness 3 Strict Liability No fault based liability has to do with ultra hazardous behavior Anyone hurt in explosive use in tunnels MUST pay for damages I INTENTIONAL TORTS Damages in Intentional Tort Cases 1 Actual compensatory and 2 Punitive punishing deterrence A Assault intentional act of putting another person in apprehension for his physical safety ex pointing a gun at you 1 Actual physical contact is not required 2 There must be present apparent not actual ability to carry out the threat The same act may be both a tort and a crime B Battery intentional touching of another person with consent justification 1 Consent a Express by words ex massage boxing match b c Implied by conduct ex IM sports and most sports Informed consent consent without knowledge is no consent at all must have knowledge ex prior to surgery Note Battery is only okay in emergencies self defense and police arresting you C False Imprisonment intentional confinement or restraint of a person without consent or justification Restraint of liberty not necessarily jail Unjustified accusations shoplifting and kept in manager s office but security doesn t follow proper procedure then he she falsely imprisoned D Abuse of Process groundless without basis institution of civil proceedings against a person abusing the legal system Two lawsuits 1 Frivolous lawsuit unsubstantiated no value Should never have been brought to a courtroom 2 Spite Suit someone is being vicious if you re a victim of this you can turn it around and sue that other person E Defamation 3 people involved Publication of false statements which hold a person up to hatred contempt or ridicule Truth is a defense in defamation so it must actually be false info 1 Slander oral defamation 2 Libel written defamation now includes anything on computers 3 Defamacast radio TV used only by a few states 4 Defamation Per Se a Accusation of Crime b Statement that degrades person in business profession ex incompetent teacher c Accusation of having a loathsome disease AIDS 5 Privilege can publish false statement but you will be free of lawsuit from liability a Absolute even if the statement is false speaker is immune Judicial Proceedings court trial 1 2 Legislative Proceedings To promote free exchange of info in these proceedings b Qualified even if statement of false speaker writer is immune from liability if all 3 must be met 1 Statement is made in good faith 2 Statement is make by person with legitimate interest 3 Statement made in reasonable manner 6 Suits by public officials figures require a showing of malice a reckless disregard for the truth or falseness of the statement F Intentional Infliction of Emotional Distress harming of one s psyche a Outrageous conduct not tolerated in civilized society ex b SEVERE emotional distress counseling needs medication rape cases therapy Ex case friend pretends and tells Vietnam partner s parents that their son died A few days later comes back over and says it s a joke He lost a very large settlement G Invasion of Privacy 1 Appropriation unlawful use of a person s name or likeliness 2 without permission ex Jennifer Aniston case of topless pictures Intrusion unreasonable offensive interference with another s privacy men peeking in dressing room 3 Public Disclosure of Private Facts publicity given to private info about another which is highly offensive objectionable to that person a Private Medical Info HIPPA Regulation dr s office b Posting Bad Checks at cash register c Disclosing SSN d Revealing the identity of rape victims 4 False Light publicity that places another in false light like defamation but only two people needed for false light 5 Remedies what to do if any 4 things above happen to you a Sue for damages b Sue for injunction a court order commanding an action or the refraining from an action take mags off shelf Jennifer Aniston H Fraud Intentional misrepresentation lying of a material fact justifiably relied upon by the injured party a Ex lying about mileage on a car b Ex Ponzi Scheme Berni Madoff I Nuisance circumstances unreasonable interference with a person s right to use and or enjoy his property a Being too noisy neighbors b Draws the line between reasonable and unreasonable J Alienation of Affections depriving a husband or wife of the affections of his her spouse a Ex affair Florida Statutes 2011 Decided not to allow this kind of lawsuit to be recognized over 60 years ago 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 II NEGLIGENCE reasonable or careless Fault based theory of liability you were wrong so you have to pay A Elements of a Negligence Lawsuit 1 Duty of Care pay attention so that your own actions don t harm others 2 Breach of Duty of Care not being careful enough 3 Causation you cause an event to occur 4 Injury results of the event YOU ARE LIABLE B Types of Business Negligence 1 Manufacturing a Negligence in Design careless design b Negligence in Selection of Materials selecting inferior materials that may result in an event c Negligence in Packaging packaging causes events failure to warn Ex popcorn package must have warning hot content on it d Negligence in Quality Control inspection and testing 2 Retailing 3 Service a Premise Liability things that happen on your property 1 Ex snakes bites in Walmart case a Professional Malpractice ex surgery tools left in patients negligence in service C Duty of Care reasonable person standard 1 Reasonable person 2 Of ordinary prudence 3 Under like or similar circumstances a Ex driving down Tenn St 80 mph trying to get to class vs getting wife to hospital D Causation 1 Was the injury proximately not just sequentially close connection because it s negligence caused by defendant s negligent conduct a Was the injury foreseeable from the negligent conduct b EX X is having friends over A B and C however he has loose floorboards
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