BCOR 3000 1nd Edition Lecture 7 Outline of Last Lecture I. NO LECTURE—Midterm 1Outline of Current Lecture I. What is tort?II. DamagesIII. General Types of TortCurrent LectureChapter 4—TortsWhat 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 DefendantGeneral Types of Tort- Intentional—Many specific ones (assault, battery)- Assault:o The threat is the “tort”o Contact is not requiredo Serious harm/threat has to be reasonableo Have to sufer some sort of consequence to recovery $$$- Battery:o Society impremissive touching—“contact”o Ex: throwing objects at people; shooting guns at peopleo Could be forceful but doesn’t have to beThese 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.o There might not me assault, but there could be battery- False imprisonmento Usually not in a prisono The tort—is not done in a prisono Ex: Detaining suspect shoplifterso Holding people against their will without reasonable proof or suspiciono A threat of future harm is not false imprisonment- Intentional infliction of Emotional Distresso Conduct has to be extreme and outrageouso Results is extreme emotional distresso Exceeds bonds set up by societyo Ex: Lady (60+) tormented by coworker with rats; employee/employment problems- Defamationo Slander—spoken o Libel—writteno Actual monetary loss usually must be proven in slandero 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 case2. 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 time3. Communicated to 3rd party—must be communicated to someoneother 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 made4. Injury to reputation—If slander, plaintif has to prove they lost money; if libel—don’t have to prove- Privileged Communicationso Not liable for defamation if privilege applieso Public Figures: intent (actual malice) must be proven to recovero Qualified Applies if speaker has a legitimate private interest related tostatemento Absolute Court Proceedings In legislative debate- Invasion of Privacyo Tort here; invasion is by private party, not the governmentoo Truth is not a defenseo Appropriation (uncommon) Vanna White case on p. 98o Intrusion into private afairso Public disclosure of private info- Wrongful interference with contracto Tort—to induce other to breach a contracto Usually must be a specific causal connection to the breacho Predatory behavior by business generally- Trespass & Conversiono Improper use and/or taking of another’s propertyo Real property: Tresspass—the actual crimeo Personal: Trespass or Conversion (Tortfeasor wrongfully “converts” property to own use)—the tort- Disparagement of Propertyo Essentially defamation of a “thing” rather than a persono Ex: a producto Plaintif must always prove intent (like for a public figure)o Business: Statements about competitor’s