Bài giảng Business Law (13th edition) - Chapter 6: Intentional Torts

Crimes & TortsCrimesIntentional TortsNegligence & Strict LiabilityIntellectual Property & Unfair Competition2McGraw-Hill/Irwin Business Law, 13/e© 2007 The McGraw-Hill Companies, Inc. All rights reserved.Intentional TortsPAETRHC6“The good have no need of an advocate.” PhocionLearning ObjectivesDefinition of TortInterference with Personal RightsInterference with Property Rights6 - *Tort: civil wrong that is not breach of contractFour types of wrongfulness are involved:IntentRecklessnessNegligenceStrict liability Standard of proof: preponderance of the evidenceDefinition of a Tort 6 - *BatteryIntentional and harmful or offensive touching of another without the person’s consentAssaultIntentional attempt or threat to cause harmful or offensive contact with another personAttempt must cause reasonable apprehension of imminent battery in other person’s mindInterference with Personal Rights6 - *Intentional Infliction of Emotional DistressA recovery for emotional distress even if no other tort is proven but wrongdoer’s conduct must be outrageous before liability imposed False Imprisonment Intentional confinement of another for an appreciable time without other’s consentConfinement must be complete, though few minutes is enoughInterference with Personal Rights6 - *DefamationUnprivileged publication of false statements concerning another personTruth is a complete defense Invasion of PrivacyIncludes intrusion on solitude (with reasonable expectation of privacy), public disclosure of private facts, false light publicity, commercial appropriation of name or likenessInterference with Personal Rights6 - *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 truthDefamation & Free Speech6 - *Misuse of Legal ProceedingsHarm that can result from wrongfully instituted legal proceedingsIncludes malicious prosecution, wrongful use of civil proceedings, abuse of processDeceit (Fraud)Knowing or intentional misrepresentations, often in connection with a contractInterference with Personal Rights6 - *Trespass to LandUnauthorized or unprivileged intentional intrusion upon another’s real propertyRequires physical entry onto plaintiff’s landPrivate NuisanceInterference with plaintiff ’s use and enjoyment of the landDoes not require physical entry onto landInterference with Property Rights6 - *ConversionDefendant’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, or use Interference with Property Rights6 - *Test Your KnowledgeTrue=A, False = BBattery is the intentional and harmful touching of another without consentAssault occurs if the act causes a reasonable apprehension of imminent battery in another person’s mindCourts do not allow recovery for emotional distress unless the plaintiff was hospitalizedLibel refers to oral defamation and slander refers to written defamation6 - *Test Your KnowledgeMultiple ChoiceThe standard of proof a plaintiff must satisfy in a tort case is the:(a) beyond a reasonable doubt standard(b) more often than not standard(c) preponderence of the evidence standard(d) evidentiary standard6 - *Test Your KnowledgeMultiple ChoiceIf a public official sues for defamation, s/he must prove the elements of defamation and: (a) extreme damages(b) actual maliceThe elements of defamation include:(a) unprivileged publication (b) false and defamatory statements(c) without privilege (d) both (a) and (b), but not (c)6 - *Test Your KnowledgeMultiple ChoiceWhich of the following torts are not concerned with interference with property rights?(a) invasion of privacy(b) private nuisance(b) trespass to land(c) conversion6 - *Thought QuestionFor several intentional torts, such as defamation or false imprisonment, there may be rights belonging to the defendant, such as free speech or protection of property. How should a court or jury balance these interests?7 - *