MGMT 3540 1st Edition Lecture 5 Outline of Last Lecture I Definitions II Assault and Battery III False Imprisonment Outline of Current Lecture IV Intentional Infliction of Emotional Distress V Defamation VI Four Types of Invasion of Privacy VII Fraudulent Misrepresentation VIII Property Torts Current Lecture I Intentional Infliction of Emotional Distress A Definition 1 An intentional act of extreme or outrageous nature causing severe emotional distress 2 Shows hesitance to allow recovery for emotional injury alone B Three Elements of Proof 1 Intentional act a Purpose or recklessness b Of extreme or outrageous nature a Examples Secretary suing lawyer for swearing while firing her not enough b Debt collector threatens to run over women s dog woman wins These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute c Causing severe emotional distress medically significant and medically diagnosable emotional distress a Family orders casket and finds loved ones bones in a shallow grave family wins II III Defamation A Definition 1 A publication of a defamator false statement of fact B Four Elements of Proof 1 Publication Statement to a 3rd party a person other than the person of the statement a Oral statement slander written liable b Okay to go to person you are accusing and question them but cannot go to someone else and accuse this person 2 Defamatory Injures the reputation a E g infidelity 3 False statement of fact not opinion or prediction 4 Through the fault of the defendant a If Plaintiff is a public figure must be intentional falsehood or reckless disregard for truth actual malice a Intentional know the statement is false b Reckless no basis to believe the statement is true C Defenses 1 Absolute privilege statements made during government hearing are not proper cause for a defamation suit a Witness are able to speak freely in court without worry of their words being used against them in the future 2 Conditional privilege statements made as a matter of the defendant s business interest are not actionable unless made with actual malice a Reference letters are a matter of business interaction 3 Truth statement by the defendant must be false to be actionable 4 Retraction a defense to lessen damages only a Drudge report retracting claims of Clint s spousal abuse a But damage to reputation is still done Four Types of Invasion of Privacy A Intrusion upon solitude or seclusion 1 Example going in a place you have no right to be in listening device placed in someone s bedroom tap the room B Public disclosure of private facts 1 Example guy takes picture of obese woman in hospital and publishes it C False light publicity 1 If you are connected to something you didn t do 2 Example Globe publishes piece about pregnant 90 year old D Appropriation of likeness or name 1 Using things connected to you without your permission 2 Example woman s underwear publishes silhouette of Elvis Presley without permission E Example Nader vs General Motors 1 Wasn t invasion of privacy to hire prostitute to try to sway Nader 2 BUT was invasion of privacy when they tapped his phone IV Fraudulent Misrepresentation A Definition 1 Intentional misrepresentation of material fact reasonably relied on by plaintiff resulting in damages B Four Elements of Proof 1 Misrepresentation of material fact a Material important to the deal b Fact not opinion or prediction 2 Intent to deceive a Knowledge of falsity or reckless disregard for the truth 3 Reasonable reliance by the victim AND 4 Causation of damages a Odometer fraud rolling back the miles b BUT cannot win a fraud suit when I say that a 2001 car is a 1998 car C Examples of Fraud 1 No reasonable reliance buyer has a duty to reasonably inspect the car 2 Misrepresentation of fact general statements are not misrepresentations of fact they are opinions V Property Torts intentional A Trespass to Land 1 Intentional entry onto the lands of another without permission 2 Example man cuts down trees doesn t know the trees weren t on his land guilty so must pay for trees B Trespass to Chattels 1 Intentional damaging or deprivation of another s personal property 2 Example lending you something and you return it a day late C Conversion 1 Intentional retention or severe damaging of another s personal property 2 Example damaging your enemies car you have to pay the full value 3 Every conversion is also a trespass to chattels D Nuisance 1 The unjustified interference with the use or enjoyment of another s real estate 2 Examples your neighbor has excessive noise at all hours of the day your neighbor blocking the duplex garage