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Intentional Torts and Business Torts

CHAPTER 6. Intentional Torts and Business Torts. TORT. Means “Wrong”. TORT. A violation of a duty imposed by civil law. CLASSIFICATIONS OF LAW. TORT vs. CRIMINAL OR CONTRACT LAW. Criminal Law Contract Law Tort Law. TORT. NORMALLY IS A CIVIL VIOLATION

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Intentional Torts and Business Torts

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  1. CHAPTER 6 Intentional Torts and Business Torts

  2. TORT Means “Wrong”

  3. TORT A violation of a duty imposed by civil law.

  4. CLASSIFICATIONS OF LAW

  5. TORT vs. CRIMINAL OR CONTRACT LAW • Criminal Law • Contract Law • Tort Law

  6. TORT NORMALLY IS A CIVIL VIOLATION HOWEVER, CAN BE BOTH CIVIL AND CRIMINAL

  7. CATEGORIES OF TORT LAW • Intentional Torts • Negligence • Strict Liability

  8. INTENTIONAL TORT - DEFAMATION • Defamation is irresponsible speech to harm another’s reputation. • Two Types: libel slander

  9. ELEMENTS There are four facts to prove to win a defamation suit: • The defamatory statement was actually made. • The statement is false. • The statement was communicated to someone other than the plaintiff. • Some injury that resulted from the defamation.

  10. DEFAMATION (cont’d) Slander per se Some statements are so harsh and potentially damaging that the plaintiff is assumed to be damaged and does not have to prove injury.

  11. SOME EXCEPTIONS • OPINION • TRUTH IS ALWAYS A DEFENSE!

  12. OTHER RULES • Public Personality • Privilege • Absolute • Qualified

  13. INTENTIONAL TORT - FALSE IMPRISONMENT False imprisonment is the restraint of someone against their will and without reasonable cause.

  14. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS Historically, no recovery was allowed if the injury was only emotional instead of physical.

  15. -- ASSAULT AND BATTERY • Assault • Battery

  16. TRESPASS Trespass is intentionally entering land that belongs to someone else or remaining after being asked to leave.

  17. CONVERSION Conversion is taking or using someone’s property without consent (civil law version of theft).

  18. FRAUD Fraud is injuring another person by deliberate deception.

  19. DAMAGES • Compensatory • Punitive

  20. BUSINESS TORTS Intentional torts that occur almost exclusively in a business setting are called business torts.

  21. INTERFERENCE WITH BUSINESS RELATIONS Interference with a contract exists if the plaintiff can prove these elements: • Contract between parties and defendant knew • The defendant induced the third party to breach the contract or make performance impossible. • There was injury to the plaintiff.

  22. INTERFERENCE WITH BUSINESS RELATIONS Interference with prospective advantage exists: • when there is a relationship which gives the plaintiff a reasonable expectation of economic advantage, even though no contract exists • when the defendant maliciously interferes and prevents the relationship from developing

  23. PRIVACY AND PUBLICITY • Intrusion • Disclosure of Embarrassing Private Facts • False Light • Commercial Exploitation

  24. THE LANHAM ACT This statute prohibits -- and provides punishment for -- false statements made by a business intended to hurt another business.

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