Professor Ludlum UCO Updated last on 13th day of November, 2016 Unit D Torts Professor Ludlum UCO Updated last on 13th day of November, 2016

Jan., 2014, Temple of Heaven

§2: Intentional Torts Against Persons The person committing the tort, the Tortfeasor or Defendant, must “intend” to commit the act. Intend means: Tortfeasor intended to do the act that caused the result. You do not have to intend ________________!

Outline: Assault and Battery. False Imprisonment. Infliction of Emotional Distress. Defamation. Invasion of Privacy. Business Torts.

Assault and Battery ASSAULT is an intentional, unexcused act that: Creates a _______________________________ of, Immediate harmful or offensive contact. NO CONTACT NECESSARY.

What If . . . . .

Assault and Battery BATTERY is the completion of the Assault: Intentional or Unexcused. __________________________________________. Physical Contact.

Defenses to Assault & Battery Consent. Self-Defense (____________________ force). Defense of Others (________________ force). Defense of Property.

Make my day!

False Imprisonment False Imprisonment is the intentional: Confinement or restraint. Of another person’s activities. Without justification. Merchants may ________________________ detain customers if there is probable cause.

Intentional Infliction of Emotional Distress An intentional act that is: Extreme and outrageous, that Results in severe emotional distress in another. Most courts require some

Defamation Right to free speech is constrained by duty we owe each other to refrain from making false statements. Orally breaching this duty is ______________; breaching it in print or media (and internet) is _____________________.

Defamation Publication requires Publication Requirement: gravamen of defamation is the “publication” of a false statement that holds an individual up to hatred, contempt or ridicule in the community. Publication requires

Practical Advice

Damages for Libel General Damages are presumed; Plaintiff does not have to show actual injury. General damages include compensation for disgrace, dishonor, humiliation, injury to reputation and emotional distress. What is your humiliation worth?

Oklahoma Changes Oklahoma requires: Plaintiff must prove “actual damages” (actual _____________ loss) if the action is NOT slander per se.

Slander Per Se. No proof of damages is necessary when the statement is involves: Loathsome disease, Business improprieties, Serious crime, Woman is non-chaste.

Oklahoma adds a fifth category of Slander per se:

Defenses to Defamation Truth is generally an absolute defense. Privileged (or Immune) Speech. Absolute: judicial & legislative proceedings. Qualified: Employee Evaluations.

Defamation-Public Figures Public figures must show “actual malice”: Statement made with knowledge of falsity or reckless disregard for the truth.

Campari Liquor & Larry Flynt

Appropriation Use of another’s name, likeness for commercial purposes without the owner’s consent. Example: The Blue Suede Shoes Lounge

Fraud Fraud is intentional deceit. Elements: Misrepresentation of material fact; Fact vs. Opinion (not puffery).

Frivolous Litigation Torts related to abusive or frivolous litigation include: Malicious prosecution, and Abuse of process. Vexatious Litigants

Oklahoma’s Tort reform Limitations on non-economic damages $ 350,000 Effective 2011