MGMT 3540 1st Edition Lecture 5 Outline of Last Lecture I. DefinitionsII. Assault and BatteryIII. False ImprisonmentOutline of Current Lecture IV. Intentional Infliction of Emotional DistressV. DefamationVI. Four Types of Invasion of PrivacyVII. Fraudulent MisrepresentationVIII. Property TortsCurrent LectureI. Intentional Infliction of Emotional DistressA. Definition1. An intentional act of extreme or outrageous nature causing severe emotional distress2. Shows hesitance to allow recovery for emotional injury aloneB. Three Elements of Proof:1. Intentional acta. Purpose or recklessnessb. Of extreme or outrageous naturea. 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 distressa. Family orders casket and finds loved ones bones in a shallow grave (family wins)II. DefamationA. Definition1. 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 = liableb. Okay to go to person you are accusing and question them, but cannot go to someone else and accuse this person2. Defamatory: Injures the reputationa. E.g. infidelity 3. False statement of fact (not opinion or prediction)4. Through the fault of the defendanta. If Plaintiff is a public figure – must be intentional falsehood or reckless disregard for truth – “actual malice”a. Intentional – know the statement is falseb. Reckless – no basis to believe the statement is trueC. Defenses1. Absolute privilege – statements made during government hearing are not proper cause for a defamation suita. Witness are able to speak freely in court without worry of their words being used against them in the future2. Conditional privilege – statements made as a matter of the defendant’s business interest are not actionable unless made with actual malicea. Reference letters are a matter of business interaction 3. Truth – statement by the defendant must be false to be actionable4. Retraction: a defense to lessen damages onlya. Drudge report retracting claims of Clint’s spousal abusea. But damage to reputation is still doneIII. Four Types of Invasion of Privacy A. Intrusion upon solitude or seclusion1. 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 facts1. Example: guy takes picture of obese woman in hospital and publishes itC. False-light publicity1. If you are connected to something you didn’t do2. Example: Globe publishes piece about pregnant 90-year oldD. Appropriation of likeness or name1. Using things connected to you without your permission2. Example: woman’s underwear publishes silhouette of Elvis Presley without permission E. Example: Nader vs. General Motors1. Wasn’t invasion of privacy to hire prostitute to try to sway Nader2. BUT was invasion of privacy when they tapped his phoneIV. Fraudulent Misrepresentation A. Definition1. Intentional misrepresentation of material fact, reasonably relied on by plaintiff, resulting in damagesB. Four Elements of Proof1. Misrepresentation of material facta. Material: important to the dealb. Fact: not opinion or prediction2. Intent to deceive a. Knowledge of falsity or reckless disregard for the truth3. Reasonable reliance by the victim; AND4. Causation of damagesa. Odometer fraud: rolling back the milesb. BUT cannot win a fraud suit when I say that a 2001 car is a 1998 carC. Examples of Fraud:1. No reasonable reliance: buyer has a duty to reasonably inspect the car2. Misrepresentation of fact: general statements are not misrepresentations of fact, they are opinionsV. Property Torts (intentional)A. Trespass to Land1. Intentional entry onto the lands of another without permission2. Example: man cuts down trees, doesn’t know the trees weren’t on his land = guilty, so must pay for treesB. Trespass to Chattels1. Intentional damaging or deprivation of another’s personal property2. Example: lending you something and you return it a day lateC. Conversion1. Intentional retention or severe damaging of another’s personal property 2. Example: damaging your enemies car, you have to pay the full value3. Every conversion is also a trespass to chattelsD. Nuisance1. The unjustified interference with the use or enjoyment of another’s realestate2. Examples: your neighbor has excessive noise at all hours of the day; your neighbor blocking the duplex