Tort Law Jody Blanke Ernest L. Baskin, Jr. Distinguished Professor of Computer Information Systems and Law

Torts Strict Liability Intentional Torts Negligence

Strict Liability Liability without fault Ultrahazardous activities neither intent nor negligence need be shown Ultrahazardous activities e.g., dynamite blasting e.g., ownership of wild animals lions and tigers and bears …

Intentional Torts Battery Assault False Imprisonment Intentional Infliction of Emotional Distress

Invasion of Privacy Appropriation of name or likeness Intrusion upon seclusion False light Publication of private embarrassing facts Silvia Leyva at Café Intermezzo, Perimeter

Appropriation of Name or Likeness Earliest privacy cases Ex. Michael Jordan Wine

Intrusion Upon Seclusion Jackie O Holiday Inn Mazzio’s Pizza Sean Penn Bill Gates Bob Dylan Katz Kyllo

U. S. v. Katz (1967) Introduced the “reasonable expectation of privacy” standard The FBI had placed a tape recorder between two telephone booths and recorded Katz making or taking bets

Your Home is Your Castle Kyllo v. U.S. (2001) Thermal imaging of a home constitutes a search Bowers v. Hardwick (1986) Supreme Court upheld Georgia sodomy law Lawrence v. Texas (2003) Supreme Court overturned Bowers

Your Workplace? Not so much

False Light Parade Magazine article on Teenage Prostitution

Publication of Private Embarrassing Facts “Joe Hero” Potomac River plane crash Assassination attempt on Gerald Ford

Defamation Libel and slander Truth is a defense Richard Jewell against media defendant, must prove “actual malice”

Trespass Trespass to land Conversion Trespass to personal property (trespass to chattels)

Interference with Contractual Relations $10.5B award against Texaco for interfering with Penzoil’s contract to buy Getty (later settled for $3B) “Ditch the dish”

Negligence Duty Breach of Duty Causation Injury

Duty of Care Reasonable person standard Is there a legal duty? e.g., Lady Di, Seinfeld finale, Good Samaritan laws

Breach of Duty What would the reasonable person do in similar circumstances? Professional standard – malpractice Negligence per se Res ipsa loquitur A burden of proof shifting doctrine

Causation Actual cause (causation in fact) “but for” analysis e.g., Rube Goldberg cartoons, Mouse Trap

Causation Proximate cause (legal cause) foreseeabilty e.g., Palsgraf v. Long Island Railroad e.g., Crankshaw v. Piedmont Driving Club

Injury Plaintiff must prove injury Injury need not be personal injury