BCOR 3000 1nd Edition Lecture 7 Outline of Last Lecture I NO LECTURE Midterm 1 Outline of Current Lecture I What is tort II Damages III General Types of Tort Current Lecture Chapter 4 Torts What is a tort A civil wrong entitling the victim to compensation CIVIL CASE MATTER Not a crime though often occurs in connection with one Recovery is based on the damage to plaintif Based on common law Tort Law Attempts to right the wrong Damages What the plaintif lost which is often hard to measure in Also what defendant must pay to compensate Plaintif for loss Compensatory Damages actual losses Punitive Damages additional to punish Defendant General Types of Tort Intentional Many specific ones assault battery Assault o The threat is the tort o Contact is not required o Serious harm threat has to be reasonable o Have to sufer some sort of consequence to recovery Battery o Society impremissive touching contact o Ex throwing objects at people shooting guns at people o Could be forceful but doesn t have to be 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 There might not me assault but there could be battery imprisonment Usually not in a prison The tort is not done in a prison Ex Detaining suspect shoplifters Holding people against their will without reasonable proof or suspicion o A threat of future harm is not false imprisonment Intentional infliction of Emotional Distress o Conduct has to be extreme and outrageous o Results is extreme emotional distress o Exceeds bonds set up by society o Ex Lady 60 tormented by coworker with rats employee employment problems Defamation o Slander spoken o Libel written o Actual monetary loss usually must be proven in slander o Must meet all 4 requirements to win the case o Requirements 1 False statement prove the statement to be false if true statement cannot have defamation case 2 Factual in nature capable of being verified as true or false Opinion won t hold in defamation case b c has a right to their opinion Prediction something for the future will not hold up in court b c you cannot prove it right or wrong at that exact moment in time 3 Communicated to 3rd party must be communicated to someone other than yourself and the victim Publication Requirement speaker of the statement has to communicate that to one person other than to the person that the statement is made 4 Injury to reputation If slander plaintif has to prove they lost money if libel don t have to prove Privileged Communications o Not liable for defamation if privilege applies o Public Figures intent actual malice must be proven to recover o Qualified Applies if speaker has a legitimate private interest related to statement o Absolute Court Proceedings In legislative debate Invasion of Privacy o Tort here invasion is by private party not the government o o Truth is not a defense o False o o o o Appropriation uncommon Vanna White case on p 98 o Intrusion into private afairs o Public disclosure of private info Wrongful interference with contract o Tort to induce other to breach a contract o Usually must be a specific causal connection to the breach o Predatory behavior by business generally Trespass Conversion o Improper use and or taking of another s property o Real property Tresspass the actual crime o Personal Trespass or Conversion Tortfeasor wrongfully converts property to own use the tort Disparagement of Property o Essentially defamation of a thing rather than a person o Ex a product o Plaintif must always prove intent like for a public figure o Business Statements about competitor s products o