LEB 320F 1st Edition Lecture 21 Outline of Last Lecture II Defenses a McDonalds III Other a Market share liability b Privity IV Torts a Civil wrong v criminal wrong b Duty c Breach d Causation V Negligence a Damages b Defenses Outline of Current Lecture VI Intentional torts a Assault b Battery c Candle v Betts d Cole v State of LA VII Defamation VIII False imprisonment a Walmart v Cockrell IX Trespass X Invasion of privacy tory a Young v Jackson XI Intentional infliction of emotional distress a GTE v Bruce XII Fraudulent misrepresentation XIII Interference Current Lecture Example of Law not keeping up with technology reselling digital files To prove negligence requires duty breach causation damages o Ford Pinto having gas pump in back of car when rear ended bursts into flames doors lock and people burn to death Punitive damages added to compensatory damages uncertain amount Intentional torts o Consequences were intended intent to do it not the intent o All are a form of trespass o Natural result of behavior o Assault Apprehension No touching necessary o Battery touching Reasonable person standard Pointing a knife is an assault stabbing is a battery o You can have assault without battery battery without assault o Candle v Betts LA car dealership o Cole v State of LA Beaten prison guard Workers compensation intentional is outside of workers comp o Defenses Consent Defense self others property Reasonable Defamation o Reputation as property o Slander spoken o Libel written radio TV o Exception to 1st amendment o Damage to reputation rather than body property o Has to be published 3rd party o May not be privileged o Very hard to prove damages o How does this claim affect managers o Fact v opinion Defenses o Truth o Privilege Absolute courtroom congress Qualified good faith to those with an interest Plaintiff must show abuse of privilege o Public Figure Actual malice reckless disregard for the truth High burden False imprisonment o Unjustified confinement restraint o Shoplifting effect of plastic tags o Defenses granted in some states shopkeeper privilege Reasonable belief Reasonable length of time Reasonable manner o Walmart v Cockrell Remove the bandage Unreasonable Elements 1 Willful detention 2 Without consent 3 Without authority of law Trespass You your possessions go onto someone s land o Intent o Leaves Personal property o Conversion civil version of theft Not for money passport because government property Invasion of privacy tory o 1 Use of likeness name o 2 Intrusion o 3 Publication of a false light o 3 Publication about private facts Young v Jackson Hysterectomy Privilege legitimate concern of the public Intentional infliction of emotional distress o Extreme outrageous conduct o Most times a physical symptom is required o GTE v Bruce Hell boss Workplace captive victim Pattern of abuse Fraudulent misrepresentation o Fraud intentional tort Misrepresentation of a material fact Intent Reliance Causation Damages Not just puffery sales talk fact v opinion Can happen in the contract situation Interference o Contract D must know o Also a breach of contract against who o Business relationship o Defense Bona fide competition o Pudge Case
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