Bài giảng Business Law - Chapter 6: Intentional Torts

Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.McGraw-Hill/Irwin2CrimesIntentional TortsNegligence and Strict LiabilityIntellectual Property and Unfair CompetitionCrimes and TortsPARTIntentional TortsPAETRHC6The good have no need of an advocate. PhocionDefine tort and explain types of wrongfulnessUnderstand concept of damagesUnderstand elements of intentional torts that interfere with personal or property rights, including assault, defamation, invasion of privacy, nuisance, and trespassLearning ObjectivesA tort is a civil wrong that is not a breach of a contractFour types of wrongfulness are involved:IntentRecklessnessNegligenceStrict liability Definition of a Tort Standard of proof that plaintiff must satisfy in a tort case is preponderance of the evidence standardA plaintiff who wins a tort case usually recovers compensatory damages for the harm suffered as a result of defendant’s wrongful actParticularly bad behavior may result in an award of punitive damagesThe BasicsBatteryAssaultIntentional Infliction of Emotional DistressFalse Imprisonment DefamationInvasion of PrivacyMisuse of Legal ProceedingsDeceit (Fraud)Interference with Personal RightsIntentional and harmful or offensive touching of another without the person’s consentNo liability if person consented Contact is harmful if it produces bodily injury, but battery includes nonharmful contact that is offensive (reasonable person standard)Example: Howard v. Wilson caseBatteryAssault 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 other person’s mindIrrelevant whether threatened contact really occurs, as long as plaintiff had apprehension of immediate or imminent contactPlaintiff must actually see or feel the potential contactAssaultMost courts allow recovery for emotional distress even if no other tort is provenAll courts require the wrongdoer’s conduct to be outrageous before liability is imposed Most courts apply reasonable person test See Durham v. McDonald’s Restaurants of Oklahoma, Inc.: Court applied elements of intentional infliction of emotional distress to facts involving a manager’s allegedly inappropriate treatment of an employeeIntentional Infliction of Emotional DistressFalse imprisonment is intentional confinement of another for an appreciable time without his or her consentconfinement must be complete, though a few minutes is enoughno liability if plaintiff consented to confinementExample: Pope v. Rostraver Shop and SaveDefendant’s conduct did not constitute a confinement as required by the elements of false imprisonment and plaintiff never tested the reasonableness of her belief of confinementFalse ImprisonmentDefamation is an unprivileged publication of false and defamatory statements concerning another personLibel refers to written defamation and slander refers to oral defamationTruth is a complete defense in a defamation caseDefamationAnother defense to defamation is privilege (Calor v. Ashland Hospital Corp.)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 meetingsDefamationNew 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 Kipper v. NYP Holdings Co.)Rule of this case extended to include a public figure, but does not include private figuresDefamation & Free SpeechInvasion of privacy refers to four distinct torts:Intrusion on Solitude or SeclusionApplies only with reasonable expectation of privacyPublic Disclosure of Private FactsFalse Light PublicityCommercial Appropriation of Name or Likeness (See C.B.C. Distribution & Marketing, Inc. v. Major League Baseball Advanced Media, L.P.) Invasion of PrivacyThree intentional torts protect people against the harm that can result from wrongfully instituted legal proceedings:Malicious prosecution: wrongful institution of criminal proceedingsWrongful use of civil proceedings: wrongfully instituted civil suitsAbuse 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 designedMisuse of Legal ProceedingsDeceit (or fraud) is the formal name for the tort claim available to victims of knowing or intentional misrepresentationsOften tied to a breach of contract claimRequires 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 plaintiff’s pastDeceit (Fraud)Trespass to LandPrivate NuisanceConversionInterference with Property RightsAny unauthorized or unprivileged intentional intrusion upon another’s real property, including physically entering 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 LandInvolves some interference with plaintiff ’s use and enjoyment of the landUnlike trespass to land, nuisance does not require a physical invasion of the propertyIncludes odors, noise, smoke, light, vibrationLiability requires the interference to be intentional, substantial and unreasonablePrivate NuisanceStephens v. Pillen concerned odor from hog farming operationsDefendant’s intentional exercise of dominion or control over plaintiff’s personal property without plaintiff’s consent through:AcquisitionRemovalTransfer to anotherWithholding possessionDestruction or alterationUseConversionThought 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 judge or jury balance these interests?