Chapter 7 Torts Monday October 13th 2014 7 0 Introduction Differences between Torts and Contracts Introduction Tort Civil wrong other than breach of contract Categories of tort o Intentional Tort Type of tort where the defendant acts with intent to cause a particular outcome o Negligence Duty of all persons as established by state tort law to act reasonably and to exercise a reasonable amount of care in their dealings and interactions with others o Strict Liability Imposed in certain situations without regard to fault or due care Compensatory Damages Money damages to compensate for economic losses or losses stemming from injuries Punitive Damages Money damages awarded to punish the defendant for gross and wanton negligence and to deter future wrongdoing Negligence per se Negligence due to a criminal violation Tortfeasor Person who commits a tort Respondeat Superior Doctrine that holds employers liable for tortious acts committed by employees while acting within the scope of their employment 7 1 Intentional Torts Learning Objectives Explore what constitutes an intentional tort Study various intentional torts in detail Examine the defenses to intentional torts Types of Intentional Torts Assault Intentional unexcused act that creates in another person a reasonable apprehension or fear of immediate harmful or offensive contact o Fear creates the basis for the tort of assault Battery Any unconsented touching Assault and battery are not always present together Transferred Intent Swing with intent to hit A who ducks causing you to hit B Engaged in willful act causing indiscriminate death or serious physical harm to others Boston Marathon Bombers Available defenses when sued for assault or battery o Consent o Self Defense Reasonable and proportionate force to defend oneself from harm or injury o Defense of others Reasonable and proportionate force used to defend another person from harm or injury Intentional Infliction of Emotional Stress IIED o Extreme and outrageous conduct measured objectively that intentionally or recklessly causes severe emotional distress to another o Type of tort in which physical touching is absent o Care has to be taken by companies when handling sensitive employment situations to avoid potential IIED liability Westboro Baptist Church Only Justice Alito dissented writing that Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case Invasion of Privacy Intrusion into the personal life of another without legal justification involving nonpublic places Misappropriation Using another s name likeness or identifying characteristic without his or her permission False Imprisonment Intentionally confining or restraining another person s movement without justification o Protects right to travel and move freely without impediment o Requires an actual and present confinement o Shopkeeper s Privilege Right of a business owner to detain a suspected shoplifter for a reasonable period of time and under reasonable conditions Trespass to land Intentional entry to land owned by another without a legal excuse enjoyment of land Nuisance Intentional acts that interfere with another person s use or quiet o Private Nuisance Interfering with someone else s use or quiet enjoyment of land o Public Nuisance interfering with public health safety or welfare Attractive Nuisance Any item or condition on a property that would be attractive and dangerous to children even if the children are trespassing Trespass to personal property Unlawful taking or harming of another person s property without the owner s permission Conversion Civil tort of stealing property from another person Defamation Publishing or saying untrue statements about a living person that harms his or her reputation o Slander Oral form of defamation o Libel Written form of defamation Occurs if the words are published to a third party o Celebrities and public figures have to show actual malice to win a defamation lawsuit Malice Conscious intentional wrongdoing Injurious Falsehood Publishing false information about another person s product o Known as trade disparagement Fraud Misrepresentation of facts lying with knowledge they are false or with reckless disregard for the truth o Known as misrepresentation Puffery Promotional statements expressing subjective views Tortious Interference Intentional damage of another person s valid o Best car available contractual relationship o Chip Kelly Example
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