Class 7

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What is a tort?

Tort law deals with situations where a person's behavior has unfairly caused someone else to suffer loss or harm.

A tort is not necessarily an illegal act but caused harm, The law allows anyone who is harmed to recover their loss

Tort = civil wrong that can be compensated

Intentional Torts

Intentional Tort- requires intent. The tortfeasor (the one committing the tort) must intend to commit the act, the consequences of which interfere with the personal or business interests of another in a way not permitted by law

Assault, battery, false imprisonment, intentional infliction of emotional distress, defamation, invasion of privacy, appropriation, fraudulent misrepresentation, wrongful interference with a business relationship, trespass to land, conversion, and disparagement of property

Assault and Battery

Assault- any intentional, unexcused act that creates in another person a reasonable apprehension or fear of immediate harmful or offensive contact

Battery- unexcused and harmful or offensive physical contact intentionally performed

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Defenses to assault/battery

consent

self defense

defense of others

defense of property

False Imprisonment

the intentional confinement or restraint of another person's activities without justification

Shoplifting and Merchant Protection Statutes

These statutes allow merchants to stop, detain, and investigate, suspected shoplifters without being held liable for false imprisonment if:

There are reasonable grounds for the suspicion

Suspects are detained for only a reasonable time

Investigations are conducted in a reasonable manner

Intentional Infliction of Emotional Distress (IIED)

An intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another

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Defamation

Defamation of character involves wrongfully hurting another person's good reputation

Publication means that defamatory statements are communicated to persons other than the defamed party

Types

Libel- written or some other permanent form

Slander- oral form

Public Figures

In general, false and defamatory statements that are made about public figures and published in the press are privileged if they are made without "actual malice"

Actual malice- a statement made with either knowledge of falsity or a reckless disregard of the truth