Chapter 12 Torts and Cyber Torts Section 1 Tort Law Torts wrongs and compensation Compensates those who have suffered a loss or injury due to another person s wrongful act Damages Sought Compensatory Damages intended to reimburse a plaintiff for actual losses Special damages compensate for monetary losses General damages compensate individuals not companies for nonmonetary aspects pain and suffering reputation Punitive Damages punishes wrongdoer and deter others from similar wrong doing Usually only in intentional tort actions rarely in negligence lawsuits Largest punitive damages rewarded are related to cigarettes Forum shopping Looking for a state court known to be sympathetic to their client s cause and known to award large damages Section 2 Intentional Torts Against Persons Intentional Tort requires intent meant to do it harmful motive is NOT required Tortfeasor person committing the tort Torts Against Persons Assault and Battery Any unexcused and intentional act that causes another person to be apprehensive of immediate harm is an assault An assault resulting in physical contact is a battery False Imprisonment An intentional confinement or restraint of another person s movement without justification Shopkeepers privilege Merchant can use reasonable force to detain persons suspected of shoplifting and hold them for the police most don t bc liability Intentional Infliction of Emotional Distress Intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another Defamation A false statement of fact not made under privilege that is communicated to a third person and that causes damage to a person s reputation For public figures the plaintiff must also prove that the statement was made with actual malice Libel writing or permanent form Do not have to prove general damages Slander orally Special damages Plaintiff must prove that they suffered monetary losses Private letter to someone does not constitute libel Says false things when no one is around does not constitute slander Slander per se No proof of damages is necessary 1 Accusing someone of having a disease 2 Accusing someone of committing improprieties in their profession 3 Saying someone has committed a crime been imprisoned for a serious crime 4 Saying someone is unchaste or engaged in sexual misconduct Defenses to Defamation Truth Privileged speech people speaking are granted immunity Absolute privilege matters at hand are so much in public interest that they should be able to speak freely and fully Attorneys and judges during trial government officials during debate Qualified privilege Only sometimes Employer evaluations of employees newspapers Public Figures statements made against them are not considered defamation unless actual malice Actual Malice statement is made with knowledge of falsity or a reckless disregard of the truth Invasion of Privacy Using info relating to a person s private life and affairs without that person s permission 4 acts qualify 1 Appropriation of Identity Using someone s name picture without permission 2 Intrusion into an individual s affairs or seclusion 3 False light Publishing info that places someone in a false light 4 Public disclosure of private facts Appropriation Use of another person s name likeness etc without permission and for benefit of the user Judged based on the degree of likeness Right of publicity is similar to a property right Fraudulent Misinterpretation Fraud False representation made by one party through the misstatement of facts with the intention of deceiving another 1 Misrepresentation of facts or conditions knowledge they are false or reckless disregard for the truth 2 Intent to induce another party to rely on the misinterpretation 3 Justifiable reliance on the misrepresentation by the deceived party 4 Causal connection between misrepresentation and injury suffered Abusive or Frivolous Litigation The filing of a lawsuit without legitimate grounds and with malice Use of a legal process in an improper manner Section 3 Business Torts Business Torts Apply only to wrongful interferences with the business rights of others 2 Categories 1 Wrongful Interference with a Contractual Relationship 1 Valid enforceable contract must exist 2 3rd party must know that this contract exists 3 3rd party must intentionally induce a party to breach the contract 2 Wrongful Interference with a Business Relationship Prohibited from unreasonably interfering with another s business in attempts to gain a greater share of the market Plaintiff must prove that defendant used predatory methods AND that their interference caused the plaintiff economic harm Defenses to Wrongful Interference Not liable if it can be shown that the interference was justified or permissible Section 4 Intentional Torts Against Property Real Property Land and things permanently attached to the land house and lot Personal Property All other moveable items furniture inside a house cash and securities Torts Against Property Trespass to Land Person without permission enters land that is owned by another causes anything to enter onto the land or remains on the land Property owner must establish the person as a trespasser Reasonable duty of care Attractive nuisance doctrine landowner may be held liable for injuries sustained by young children on their property if the children were attracted to the premises by some object swimming pool Defenses to trespasses to land If trespass was necessary If they entered to assist someone in danger If they had a license to come onto the land licenses are revocable licensee one who is invited or allowed to enter onto the property Trespass to Personal Property Intentional interference with an owner s right to use possess or enjoy his or her personal property without the owner s consent Conversion When a person wrongfully possesses or uses the personal property of another without permission or just cause The civil side of crimes related to theft Good intentions are not a defense Disparagement of Property Economically injurious falsehoods are made about another s product or property rather than their reputation Slander of quality Publication of false info about another s product alleging that it is not what its seller claims Slander of title Publication falsely denies or casts doubt on another s legal ownership of property Someone knowingly publishes an untrue statement about another s ownership of certain property with the intent of discouraging a third
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