business law: chapter 6, the ethical, global, and e-commerce environment, 14th ed., by mallor,...
TRANSCRIPT
CrimesIntentional Torts
Negligence & Strict LiabilityIntellectual Property & Unfair
Competition
© 2010 The McGraw-Hill Companies, Inc. All rights reserved.
Intentional Torts
The good have no need of an advocate.
Phocion
© 2010 The McGraw-Hill Companies, Inc. All rights reserved.
Definition of Tort Interference with Personal Rights Interference with Property Rights
Learning Objectives
6 - 3
A tort is a civil wrong that is not a breach of a contract
Four types of wrongfulness are involved: Intent Recklessness Negligence Strict liability
Definition of a Tort
6 - 4
The standard of proof that the plaintiff must satisfy in a tort case is the preponderance of the evidence standard
A plaintiff who wins a tort case usually recovers compensatory damages for the harm suffered as a result of defendant’s wrongful act
Particularly bad behavior may result in an award of punitive damages
The Basics
6 - 5
Battery Assault Intentional Infliction of Emotional
Distress False Imprisonment Defamation Invasion of Privacy Misuse of Legal Proceedings Deceit (Fraud)
Interference with Personal Rights
6 - 6
Intentional and harmful or offensive touching of another without the person’s consent No liability if person consented
Contact is harmful if it produces bodily injury, but battery includes nonharmful contact that is offensive (reasonable person standard) Example: Wishnatsky v. Huey case
Battery
6 - 7
Assault occurs when there is an intentional attempt or threat to cause a harmful or offensive contact with another person, if the attempt causes a reasonable apprehension of imminent battery in the other person’s mind
Irrelevant whether threatened contact really occurs, as long as plaintiff had apprehension of immediate or imminent contact Plaintiff must actually see or feel the potential contact
Assault
6 - 8
Most courts allow recovery for emotional distress even if no other tort is proven
All courts require the wrongdoer’s conduct to be outrageous before liability is imposed
Most courts apply reasonable person test Example: Lourcey v. Estate of Scarlett
Defendant’s conduct must be intentional or reckless and so outrageous as to offend a reasonable person, and plaintiff must have suffered serious mental injury
Intentional Infliction of Emotional Distress
6 - 9
False imprisonment is intentional confinement of another for an appreciable time without his consent confinement must be complete, though a few
minutes is enough no liability if plaintiff consented to confinement
Example: Banks v. Fritsch Defendant’s conduct must be intentional or
reckless and outrageous, and plaintiff must have suffered serious mental injury
False Imprisonment
6 - 10
Defamation is an (1) unprivileged (2) publication of (3) false and defamatory (4) statements concerning another person
Libel refers to written defamation and slander refers to oral defamation
Truth is a complete defense in a defamation case
Defamation
6 - 11
Another defense to defamation is privilege Examples: statements made by
participants in judicial proceedings, by officials in the course of their duties, by one spouse to the other in private, and fair and accurate media reports (fair comment) of defamatory matter that appears in proceedings of official government action or originates from public meetings
6 - 12
Defamation
In New York Times Co. v. Sullivan (1964), the U.S. Supreme Court held that when a public official brings a defamation case, s/he must prove the usual elements of defamation and actual malice (a First Amendment–based fault requirement) Actual malice means knowledge of falsity or
reckless disregard for the truth (See Hearst Corp. v. Skeen)
The holding of this case has been extended to include a public figure, but does not include private figures
6 - 13
Defamation & Free Speech
Invasion of privacy refers to four distinct torts: Intrusion on Solitude or Seclusion
Applies only with a reasonable expectation of privacy
Public Disclosure of Private Facts False Light Publicity Commercial Appropriation of Name or
Likeness Example: Comedy III Productions, Inc. v.
Saderup
Invasion of Privacy
6 - 14
Three intentional torts protect people against the harm that can result from wrongfully instituted legal proceedings: Malicious prosecution: wrongful institution
of criminal proceedings Wrongful use of civil proceedings:
wrongfully instituted civil suits Abuse of process: imposes liability on those
who initiate legal proceedings, whether criminal or civil, for a primary purpose other than the one for which the proceedings were designed
Misuse of Legal Proceedings
6 - 15
Deceit (or fraud) is the formal name for the tort claim that is available to victims of knowing or intentional misrepresentations Often connected to a breach of contract claim Requires proof of false statement of material
fact, knowingly or recklessly made by defendant with intent to induce reliance by the plaintiff, along with actual, justifiable, and detrimental reliance on the plaintiff’s past
Deceit (Fraud)
6 - 16
Trespass to Land Private Nuisance Conversion
Interference with Property Rights
6 - 17
Any unauthorized or unprivileged intentional intrusion upon another’s real property, including physically entering the plaintiff’s land, causing another person or object to do so, remaining on the land after one’s right to remain has ceased, and invading airspace above land or subsurface below
Intent required for liability is simply the intent to be on the land, so a person may be liable even if the trespass resulted from a mistaken belief that entry was legally justified
Trespass to Land
6 - 18
Involves some interference with plaintiff ’s use and enjoyment of the land
Unlike trespass to land, nuisance does not require a physical invasion of the property May include odors, noise, smoke, light,
vibration Liability requires the interference to be
intentional, substantial and unreasonable Example: Stephens v. Pillen
Private Nuisance
6 - 19
Defendant’s intentional exercise of dominion or control over plaintiff’s personal property without plaintiff’s consent through: Acquisition Removal Transfer to another Withholding possession Destruction or alteration Use
Conversion
6 - 20