1 bsad b18 business law bakersfield college. 2 torts n purpose of tort law is to provide remedies...

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BSAD B18BSAD B18Business LawBusiness Law

Bakersfield College Bakersfield College

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TortsTorts

Purpose of Tort Law is to Purpose of Tort Law is to provide remedies for the provide remedies for the invasion of various invasion of various protected interests. protected interests.

Personal Physical SafetyPersonal Physical Safety

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Torts = Remedies for Damage or

Injury

•Compensatory Damages

•Punitive Damages

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Compensatory Damages

Lost Wages

Medical

•Reimburse actual loss

•To make Plaintiff whole

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Punitive Damages

Deter others

Punish

•Punish Wrongdoer when act conduct was particularly egregious or reprehensible.

•Deter others from similar wrongdoing.

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Intentional Torts Intentional Torts

Requires Intent.Requires Intent.

Tortfeasor (Person who committed the Tortfeasor (Person who committed the

act) intended to commit the act, and act) intended to commit the act, and

consequences consequences

Which interfered with business or Which interfered with business or

personal interest. (i.e. suffered a loss.)personal interest. (i.e. suffered a loss.)

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AssaultAssault

An intentional act that creates in An intentional act that creates in another person, a reasonable another person, a reasonable apprehension of immediate harmful or apprehension of immediate harmful or offensive contact.offensive contact.

(A threatened Battery)(A threatened Battery) Apprehension is not fear!Apprehension is not fear!

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BatteryBattery

Unexcused harmful or offensive Unexcused harmful or offensive contact. contact.

Completion of the act (contact) that Completion of the act (contact) that caused the apprehension. caused the apprehension.

Contact can involve any part of the Contact can involve any part of the body, or anything attached to it. body, or anything attached to it.

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False ImprisonmentFalse Imprisonment

Intentional confinement or restraint of another person’s activities without justification.

Interference of movement. Can be accomplished through use of

physical barriers, physical restraint, threats or physical force.

“Moral pressure” does not constitute restraint.

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Intentional Infliction of Intentional Infliction of Emotional DistressEmotional Distress

An Intentional act that amounts to extreme and outrages conduct that results in severe emotional distress to another.

The act exceeds the bounds of decency accepted by society.

“Truly outrageous behavior.”

Indignity or annoyance not enough.

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Defamation Defamation

An attack on reputation. Wrongfully hurting a person’s good

reputation. The law imposes a general duty to

refrain from making false, defamatory statements of fact about others.

Can be by speech or writing

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DefamationDefamation

Only false statements that represent something as a fact constitute defamation.

Expressions of a personal opinion are protected by First Amendment.

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Defamation Defamation Publication Requirement The basis of the tort is the publication of

a statement that holds a person in contempt, ridicule or hatred.

Communication to another (either intentionally or accidentally).

A person that repeats or republishes a defamatory statement can be liable.

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LibelLibel

Making a false defamatory statement in writing or electronic recording.

Law presumes general damages – nonspecific harms such as disgrace or dishonor in the eyes of the community, humiliation, injured reputation, emotional distress.

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SlanderSlander

Oral communication Plaintiff must prove special damages –

caused him/her to suffer actual economic or monetary losses.

Oral statements have a temporary quality.

Exception: Slander Per Se

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Invasion of Privacy Invasion of Privacy

Persons have a right to solitude and freedom from prying public eyes.

Four acts qualify as Invasion of Privacy:

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Invasion of PrivacyInvasion of Privacy

Appropriation of Identity Using a person’s name, picture, or other

likeness for commercial purposes without permission.

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Invasion of PrivacyInvasion of Privacy

Intrusion into an individual’s affairs or seclusion

Invading someone’s home, searching their computer.

Eavesdropping Scanning of bank records Searching Medical Records

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Invasion of PrivacyInvasion of Privacy

False Light Publication of information – ideas or

actions of someone that did not occur. “Taken out of context”

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Invasion of PrivacyInvasion of Privacy

Public Disclosure of Private Facts A person publicly discloses private facts

about someone that an ordinary person would find objectionable or embarrassing.

When it is not a public concern.

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Appropriation Appropriation The use of another’s name, likeness, or

other identifying characteristic, without permission and for the benefit of the user.

People have the right to exclusive use of their identity.

Does not require the use of the name or actual likeness.

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Fraudulent MisrepresentationFraudulent Misrepresentation

A misrepresentation made to another to believe in a condition that is different from the condition that actually exists.

False or incorrect statement. Intentional deceit for personal gain. (Not

accidentally made.) Reckless disregard for the truth.

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Abusive or Frivolous LitigationAbusive or Frivolous Litigation

Malicious prosecution Law suit brought out of malice and without

probable cause (legitimate legal reason) and looses the law suit (or is dismissed by the court).

Abuse of Process Using a legal process against another in an

improper manner or to accomplish a purpose for which the process was not designed.

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Wrongful Interference with a Wrongful Interference with a Contractual RelationshipContractual Relationship

1) Valid, Enforceable Contract must exist between two parties

2) A Third party knows of the contract 3) Third party intentionally induces a

party to the contract to breach the contract.

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Wrongful Interference with a Wrongful Interference with a Business RelationshipBusiness Relationship

Businessperson unreasonably interfering with another’s business in their attempt to gain a greater share of the market.

Attempting to attract customers is legitimate.

Whereas targeting specific customers of a competitor can be predatory.

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Trespass to LandTrespass to Land

Occurs anytime a person enters onto , above or below the surface of land of another without permission.

Actual harm to land is not required.

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Trespass to Personal PropertyTrespass to Personal Property

When someone without consent, takes or harms personal property, or otherwise interferes with the lawful owner’s possession and enjoyment of the personal property.

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Conversion Conversion

Theft of property. When a person possesses or uses the

personal property of another as if the property belonged to him or her.

Duration and extensiveness of use. “Failure to return” when required to do

so.

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Disparagement of PropertyDisparagement of Property

Economically injurious falsehoods are made about another’s product or property (rather than about a person’s reputation).

“Slander of quality or title.”

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