Intentional Torts

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CHAPTER 6
Intentional Torts and Business Torts
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TORT

• Means
• Wrong

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TORT

• A violation of a duty imposed by civil law.

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CLASSIFICATIONS OF LAW
CRIMINAL LAW
CIVIL LAW
OUTLAWED BEHAVIOR
GOVERNMENT
GUILTY OR INNOCENT
FINE OR IMPRISONED
RIGHTS AND DUTIES
VICTIMS
LIABLE OR NOT
COMPENSATE
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TORT vs. CRIMINAL OR CONTRACT LAW

• Criminal Law
• Contract Law
• Tort Law

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TORT

• NORMALLY IS A CIVIL VIOLATION
• HOWEVER, CAN BE BOTH CIVIL AND CRIMINAL

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CATEGORIES OF TORT LAW

• Intentional Torts
• Negligence
• Strict Liability

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INTENTIONAL TORT - DEFAMATION

• Defamation is irresponsible speech to harm
  anothers reputation.
• Two Types
• libel
• slander

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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.

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DEFAMATION (contd)
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.
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SOME EXCEPTIONS

• OPINION
• TRUTH IS ALWAYS A DEFENSE!

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OTHER RULES

• Public Personality

• Privilege
• Absolute
• Qualified

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

• Historically, no recovery was allowed if the
  injury was only emotional instead of physical.

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ASSAULT AND BATTERY

• Assault
• Battery

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

• Conversion is taking or using someones
  property without consent (civil law version of
  theft).

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FRAUD

• Fraud is injuring another person by deliberate
  deception.

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DAMAGES

• Compensatory
• Punitive

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

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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

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PRIVACY AND PUBLICITY

• Intrusion

• Disclosure of Embarrassing Private Facts

• False Light

• Commercial Exploitation

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