2 TORT Means“Wrong”

3 TORT A violation of a duty imposed by civil law.

4 CLASSIFICATIONS OF LAW CRIMINAL LAW CIVIL LAW OUTLAWED BEHAVIOR GOVERNMENT GUILTY OR INNOCENT FINE OR IMPRISONED RIGHTS AND DUTIES VICTIMS LIABLE OR NOT COMPENSATE

5 TORT vs. CRIMINAL OR CONTRACT LAW Criminal Law Criminal Law Contract Law Contract Law Tort Law Tort Law

6 TORT NORMALLY IS A CIVIL VIOLATION HOWEVER, CAN BE BOTH CIVIL AND CRIMINAL

7 CATEGORIES OF TORT LAW Intentional Torts Intentional Torts Negligence Negligence Strict Liability Strict Liability

8 INTENTIONAL TORT - DEFAMATION Defamation is irresponsible speech to harm another’s reputation. Defamation is irresponsible speech to harm another’s reputation. Two Types: Two Types:libelslander

9 ELEMENTS There are four facts to prove to win a defamation suit: –The defamatory statement was actually made. –The statement is false. –The statement was communicated to someone other than the plaintiff. –Some injury that resulted from the defamation.

10 DEFAMATION (cont’d) Slander per se Some statements are so harsh and potentially damaging that the plaintiff is assumed to be damaged and does not have to prove injury. Some statements are so harsh and potentially damaging that the plaintiff is assumed to be damaged and does not have to prove injury.

11 SOME EXCEPTIONS OPINION OPINION TRUTH IS ALWAYS A DEFENSE! TRUTH IS ALWAYS A DEFENSE!

12 OTHER RULES Public Personality Public Personality Privilege Privilege –Absolute –Qualified

13 INTENTIONAL TORT - FALSE IMPRISONMENT False imprisonment is the restraint of someone against their will and without reasonable cause.

14 Historically, no recovery was allowed if the injury was only emotional instead of physical. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

15 -- Assault Assault Battery Battery ASSAULT AND BATTERY

16 Trespass is intentionally entering land that belongs to someone else or remaining after being asked to leave. TRESPASS

17 CONVERSION Conversion is taking or using someone’s property without consent (civil law version of theft). Conversion is taking or using someone’s property without consent (civil law version of theft).

18 FRAUD Fraud is injuring another person by deliberate deception. Fraud is injuring another person by deliberate deception.

19 DAMAGES Compensatory Compensatory Punitive Punitive

20 BUSINESS TORTS Intentional torts that occur almost exclusively in a business setting are called business torts.

21 INTERFERENCE WITH BUSINESS RELATIONS Interference with a contract exists if the plaintiff can prove these elements: Interference with a contract exists if the plaintiff can prove these elements: –Contract between parties and defendant knew –The defendant induced the third party to breach the contract or make performance impossible. –There was injury to the plaintiff.

22 INTERFERENCE WITH BUSINESS RELATIONS Interference with prospective advantage exists: Interference with prospective advantage exists: –when there is a relationship which gives the plaintiff a reasonable expectation of economic advantage, even though no contract exists –when the defendant maliciously interferes and prevents the relationship from developing

23 PRIVACY AND PUBLICITY Intrusion Intrusion Disclosure of Embarrassing Private Facts Disclosure of Embarrassing Private Facts False Light False Light Commercial Exploitation Commercial Exploitation

24 THE LANHAM ACT This statute prohibits -- and provides punishment for -- false statements made by a business intended to hurt another business. This statute prohibits -- and provides punishment for -- false statements made by a business intended to hurt another business.