2 TORT Means“Wrong” 3 TORT A violation of a duty imposed by civil law.
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Transcript of 2 TORT Means“Wrong” 3 TORT A violation of a duty imposed by civil law.
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TORTTORT
Means Means
““Wrong”Wrong”
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TORTTORT
A violation of a duty A violation of a duty imposed by civil imposed by civil
law.law.
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CLASSIFICATIONS OF LAWCLASSIFICATIONS OF LAW
CRIMINAL LAWCRIMINAL LAW CIVIL LAWCIVIL LAW
OUTLAWED OUTLAWED BEHAVIORBEHAVIOR
GOVERNMENT GOVERNMENT
GUILTY OR GUILTY OR INNOCENTINNOCENT
FINE OR IMPRISONEDFINE OR IMPRISONED
RIGHTS AND DUTIESRIGHTS AND DUTIES
VICTIMSVICTIMS
LIABLE OR NOTLIABLE OR NOT
COMPENSATECOMPENSATE
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TORT vs. CRIMINAL OR TORT vs. CRIMINAL OR CONTRACT LAWCONTRACT LAW
Criminal LawCriminal Law Contract LawContract Law
Tort LawTort Law
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TORTTORT
NORMALLY IS A CIVIL NORMALLY IS A CIVIL VIOLATIONVIOLATION
HOWEVER, CAN BE BOTH CIVIL HOWEVER, CAN BE BOTH CIVIL AND CRIMINAL AND CRIMINAL
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CATEGORIES OF TORT CATEGORIES OF TORT LAWLAW
Intentional TortsIntentional Torts Negligence Negligence
Strict LiabilityStrict Liability
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INTENTIONAL TORT - INTENTIONAL TORT - DEFAMATIONDEFAMATION
Defamation is irresponsible Defamation is irresponsible speech to harm another’s speech to harm another’s reputation.reputation.
Two Types:Two Types:libellibelslanderslander
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ELEMENTSELEMENTS
There are four facts to prove to win a There are four facts to prove to win a defamation suit:defamation suit:
– The defamatory statement was actually The defamatory statement was actually made.made.
– The statement is false.The statement is false.– The statement was communicated to The statement was communicated to
someone other than the plaintiff.someone other than the plaintiff.– Some injury that resulted from the Some injury that resulted from the
defamation.defamation.
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DEFAMATION DEFAMATION (cont’d)(cont’d)
Slander per seSlander per se Some statements are so Some statements are so
harsh and potentially harsh and potentially damaging that the plaintiff is damaging that the plaintiff is assumed to be damaged and assumed to be damaged and does not have to prove injury.does not have to prove injury.
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SOME EXCEPTIONSSOME EXCEPTIONS
OPINIONOPINION
TRUTH IS ALWAYS A TRUTH IS ALWAYS A DEFENSE!DEFENSE!
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OTHER RULESOTHER RULES
Public PersonalityPublic Personality
PrivilegePrivilege–AbsoluteAbsolute–QualifiedQualified
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INTENTIONAL TORT - FALSE INTENTIONAL TORT - FALSE IMPRISONMENTIMPRISONMENT
False imprisonment is the False imprisonment is the restraint of someone restraint of someone against their will and against their will and
without reasonable cause.without reasonable cause.
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Historically, no recovery was Historically, no recovery was allowed if the injury was allowed if the injury was only emotional instead of only emotional instead of
physical.physical.
INTENTIONAL INFLICTION OF INTENTIONAL INFLICTION OF EMOTIONAL DISTRESSEMOTIONAL DISTRESS
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AssaultAssault
BatteryBattery
ASSAULT AND BATTERYASSAULT AND BATTERY
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Trespass is intentionally Trespass is intentionally entering land that entering land that
belongs to someone else belongs to someone else or remaining after being or remaining after being
asked to leave.asked to leave.
TRESPASSTRESPASS
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CONVERSIONCONVERSION
Conversion is taking or using Conversion is taking or using someone’s property without someone’s property without consent (civil law version of consent (civil law version of
theft).theft).
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FRAUDFRAUD
Fraud is injuring another Fraud is injuring another person by deliberate person by deliberate
deception.deception.
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DAMAGESDAMAGES
CompensatoryCompensatory
PunitivePunitive
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BUSINESS TORTS BUSINESS TORTS
Intentional torts that Intentional torts that occur almost exclusively occur almost exclusively in a business setting are in a business setting are
called called business tortsbusiness torts..
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INTERFERENCE WITH INTERFERENCE WITH BUSINESS RELATIONSBUSINESS RELATIONS
Interference with a contract exists if the plaintiff can Interference with a contract exists if the plaintiff can prove these elements:prove these elements:– Contract between parties and defendant knewContract between parties and defendant knew– The defendant induced the third party to breach the contract The defendant induced the third party to breach the contract
or make performance impossible.or make performance impossible.– There was injury to the plaintiff.There was injury to the plaintiff.
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INTERFERENCE WITH INTERFERENCE WITH BUSINESS RELATIONSBUSINESS RELATIONS
Interference with Interference with prospective advantageprospective advantage exists: exists:– when there is a relationship which gives the plaintiff a reasonable when there is a relationship which gives the plaintiff a reasonable
expectation of economic advantage, even though no contract exists expectation of economic advantage, even though no contract exists – when the defendant maliciously interferes and prevents the when the defendant maliciously interferes and prevents the
relationship from developingrelationship from developing
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PRIVACY AND PUBLICITYPRIVACY AND PUBLICITY
IntrusionIntrusion
Disclosure of Embarrassing Private FactsDisclosure of Embarrassing Private Facts
False LightFalse Light
Commercial ExploitationCommercial Exploitation
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THE LANHAM ACT THE LANHAM ACT
This statute prohibits -- and provides punishment for -- false This statute prohibits -- and provides punishment for -- false statements made by a business intended to hurt another business.statements made by a business intended to hurt another business.