tort
civil wrong not arising from a breach of contract
- provide remedies for violations of protected interests
compensatory damages
compensate or reimburse the plantiff of actual losses
- aim to put the plantiff in the position they would have been in had the tort not occured
special damages
compensate quantifiable monetary losses
- medical expenses, lost wages
general damages
compensate for nonmonetary harm
- pain and suffering
punitive damages
money damages awarded to the plantiff to punish the defenant and set an example to deter future similar conduct
intentional tort
wrongful act knowingly committed
- assault, battery, false imprisonment, emotional distress, defamation
assault
any intentional and unexcused threat of immediate harmful or offensive contact
- no actual contact has to occur
battery
unexcused and harmful physical contact intentionally preformed
false imprisonment
the intentional confinement or restraint of another person's activities without explanation
- physical barriers / restraint, threats, or physical force
emotional distress
intentional act that amounts to extreme and outrageous conduct that creates severe emotional distress
actionable
capable of serving as grounds for a lawsuit
defemamtion
any published or publicly spoken false statement that causes injury to another's reputation
- public figures must provide evidence of malice
libel
written defamation
slander
spoken defamation
slander per se
1) falsely stating one has a disease
2) false statement of professional improprieties
3) falsely stating one has been imprisoned
4) falsely stating one has engaged in serious sexual misconduct
truth
____________ is the absolute defense against defamation
privilege
immunity to certain tort law
absolute privilege
one cannot be held liable for anything said in a certain setting
- judicial and government proceedings
general privilege
statement is made in good faith to an interested audience
- employee evaluations
invasion of privacy
1) intrusion into an individuals affairs or seclusion
2) false light
3) public disclosure of private fact
4) appropriation of identity
fraudulent misrepresentation
intentional deceit for personal gain
1) misrepresentation of known material facts or conditions
2) intent to induce an innocent party to rely on misrepresentation
3) justifiable reliance on misrepresentation by deceived party
4) damages suffered as a resu
puffery
salespersons exaggerated claims concerning the quality of goods
- not considered fraud
business torts
wrongful interference with another's business rights
interference with a contractual relationship
1) valid enforceable contract must exist
2) third party must induce a party to breach said contract
interference with a business relationship
use of predatory behaviors to intentionally harm a business relationship or economic advantage
- predatory : intent of unlawfully driving competitors out of a market
torts against property
trespass to land, personal property, conversion, and disparagement of property
conversion
the wrongful taking, using, or retaining of personal property that belongs to another
- not returning something after having borrowed it
disparagement of property
economically injurious falsehoods made about another's product or property
trade libel
(slander of quality)
publication of false information alleging a product is not what the owner claims
slander of title
publication that falsely denies another's legal ownership of property resulting in financial loss
unintentional torts
tort feasor neither wishes for nor believes consequences will occur
negligence
the failure to exercise a standard of care that a reasonable person in similar circumstances would
1) duty
2) breach
3) causation - breach caused injury
4) damages - legally recognizable injury
duty of care
people must exercise a reasonable amount of care in their dealings with others
- obligated to provide safe environment and warn of danger
reasonable person standard
evaluate how a reasonable person would have acted in similar circumstances or would consider objectionable
- based on geographic location
malpractice
professional negligence
causation in fact
an act of omission without which an event would not have occurred
- "but for" test / but for the act, the event would not have occured
liability tort
1) causation in face
2) proximate cause
proximate cause
the connection between the act and the injury is strong enough to impose liability
- must be forseeable
negligence per se
act in violation of a statute or ordinance
- do not need to prove causation as they are already breaking a statute
good samaritan statutes
protects those who provide emergency services to those in peril from being sued for negligence
affirmative defenses to negligence
1) assumption of risk
2) superceeding cause
3) contributory negligence
4) comparative negligence
assumption of risk
plantiff voluntarily entered into situation and knew the risks involved
superceeding cause
when an intervening force or event breaks the connection between a wrongful act and injury to another
- unforseeable force
contributory negligence
the complaining party's own negligence contributed to or caused their injuries
comparative negligence
negligence of plantiff and defendant are computed and damages are distributed accordingly
malicious prosecution
suit designed to harm the defendant
abuse of process
uses the court system to gain an advantage
- use of the procedures such as discovery, not necessarily a law suit