Chapter 6 Intentional Torts BUSINESS LAW: Text & Cases — Legal, Ethical, International, and E-Commerce Environment 11th Ed. Chapter 6 Intentional Torts Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

§1: Basis of Tort Law Doing business today involves risks, both legal and financial. A tort is a civil injury designed to provide a remedy (damages) for injury to a protected interest. Damages. Compensatory: reimburse plaintiff for actual losses. Special: quantifiable losses, such as medical expenses, lost wages, and benefits. General: non-monetary, such as pain and suffering, reputation. Punitive: punish the wrongdoer. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

§2: Intentional Torts Against Persons The person committing the tort, the Tortfeasor or Defendant, must “intend” to commit the act. Intend means: Tortfeasor intended the consequences of her act; or She knew with substantial certainty that certain consequences would result. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Types of Intentional Torts Assault and Battery. False Imprisonment. Infliction of Emotional Distress. Defamation. Invasion of Privacy. Business Torts. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Assault and Battery ASSAULT is an intentional, unexcused act that: Creates a reasonable apprehension or fear of, Immediate harmful or offensive contact. NO CONTACT NECESSARY. BATTERY is the completion of the Assault: Intentional or Unexcused. Harmful, Offensive or Unwelcome. Physical Contact. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Defenses to Assault & Battery Consent. Self-Defense (reasonable force). Defense of Others (reasonable force). Defense of Property. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

False Imprisonment False Imprisonment is the intentional: Confinement or restraint. Of another person’s activities. Without justification. Merchants may reasonably detain customers if there is probable cause. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

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 physical symptom or illness. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Defamation Right to free speech is constrained by duty we owe each other to refrain from making false statements. Orally breaching this duty is slander; breaching it in print or media (and internet) is libel. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Defamation Publication requires communication to a 3rd party. 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 communication to a 3rd party. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

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. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Damages for Slander General Rule: Plaintiff must prove “special damages” (actual economic loss). Exception: Slander Per Se. No proof of damages is necessary when the statement is involves: Loathsome disease, Business improprieties, Serious crime, Woman is non-chaste. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Defenses to Defamation Truth is generally an absolute defense. Privileged (or Immune) Speech. Absolute: judicial & legislative proceedings. Qualified: Employee Evaluations. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Defamation-Public Figures Public figures exercise substantial governmental power or are otherwise in the public limelight. To prevail, they must show “actual malice”: statement was made with either knowledge of falsity or reckless disregard for the truth. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Invasion of Privacy Every person has a fundamental right to solitude freedom from public scrutiny. Use of Person’s Name or Likeness. Intrusion on Individual’s Affairs or Seclusion. Publication of Information that Places a Person in False Light. Public Disclosure of Private Facts. CASE 6.1 Anderson v. Michigan (2007). Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Appropriation Use of another’s name, likeness or other identifying characteristic for commercial purposes without the owner’s consent. Issues: Degree of Likeness. Right of Publicity as a Property Right. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Fraudulent Misrepresentation Fraud is intentional deceit. Elements: Misrepresentation of material fact; Intent to induce another to rely; Justifiable reliance by innocent party; Damages as a result of reliance; Causal connection. Fact vs. Opinion (not puffery). Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Frivolous Litigation Generally, each of us has the right to sue when we have been legally injured. Torts related to abusive or frivolous litigation include: Malicious prosecution, and Abuse of process. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

§3: Business Torts- Wrongful Interference Tort involving a contractual relationship. Occurs when: Defendant knows about contract between A and B; Intentionally induces either A or B to breach the contract; and Defendant benefits from breach. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Business Torts- Wrongful Interference In a business relationship occurs when: There is an established business relationship; The Tortfeasor, using predatory methods, causes relationship to end; and Plaintiff suffers damages. Permissible behavior (bona fide competition) or justified behavior are defenses to this tort. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

§4: Intentional Torts Against Property Trespass to land occurs when a person, without permission: Physically enters onto, above or below the surface of another’s land; or Causes anything to enter onto the land; or Remains, or permits anything to remain, on the land. Defenses: trespass is necessary, or trespasser is a licensee. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Intentional Torts Against Property Trespass to personal property is the Intentional interference with another’s use or enjoyment of personal property without consent or privilege. CASE 6.2 Register.com, Inc. v. Verio, Inc. (2003). Conversion. Disparagement of Property. Slander of Quality or Title. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

§ 5: Cyber Torts Defamation Online. Immunity of Internet Service Providers. Piercing the Veil of Anonymity. CASE 6.3 Fair Housing Council of San Fernando Valley vs. Roommate.com, LLC (2007). Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Cyber Torts Spam (unsolicited email). Statutory Regulation of Spam. Spam as Trespass to Personal Property. Statutory Regulation of Spam. Minnesota requires unsolicited email to state “ADV” in the subject line. California has a stringent “opt-in” requirement. Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.

Cyber Torts Federal CAN-SPAM Act (2004) applies primarily to commercial emails. Requirements: Return email address. Clear notice the email is an AD. Provide “opt out” mechanism (10 days to act). Label sexually explicit emails. Does it work--Problems??? Copyright © 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.