2. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  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.  2

3. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Damages Available in Tort Actions.  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. 3

4. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Tortfeasor (person committing the tort) must “intend” to commit the act, which means:  He intended the consequences of his act; or  He knew with substantial certainty that certain consequences would result. 4

5. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Assault and Battery.   False Imprisonment.   Infliction of Emotional Distress.   Defamation.   Invasion of Privacy.   Business Torts.  5

6. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  ASSAULT is an intentional, unexcused act that:  Creates a reasonable apprehension or fear of,  Immediate harmful or offensive contact.  NO CONTACT NECESSARY.  6

7. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  BATTERY is the completion of the Assault:  Intentional or Unexcused.  Harmful, Offensive or Unwelcome.  Physical Contact.  Plaintiff may be compensated for physical and emotional harm. 7

8. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Consent.  Self-Defense (reasonable force).  Defense of Others (reasonable force).  Defense of Property. 8

9. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  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. 9

10. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  An intentional act that is:  Extreme and outrageous, that  Results in severe emotional distress in another.  Most courts require some physical symptom or illness. 10

11. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Defamation involves wrongfully hurting a person’s good reputation.  Law imposes duty to refrain from making false statements of fact about others.  Orally breaching this duty is slander; breaching it in print or media (and internet) is libel. 11

12. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Published statement must be a fact. Opinions are protected speech under the First Amendment, and not actionable.  CASE 6.1 Orlando v. Cole (2010). Was the attorney’s statement to the reporter a statement of fact or opinion? 12

13. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  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 3 rd party. 13

14. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  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. 14

15. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  General Rule: Plaintiff must prove “special damages” (actual economic loss) to prevail for slander.  Exception: Slander Per Se. No proof of damages is necessary when the statement is involves: loathsome disease, business improprieties, serious crime, or that a woman is non-chaste. 15

16. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Truth is generally an absolute defense.  Privileged (or Immune) Speech.  Absolute: judicial & legislative proceedings.  Qualified: Employee Evaluations. 16

17. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  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. 17

18. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  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. 18

19. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  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. 19

20. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  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). 20

21. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  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. 21

22. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Wrongful Interference With 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. 22

23. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Wrongful Interference With a Business Relationship occurs when:  There is an established business relationship;  The Tortfeasor, using predatory methods, causes relationship to end; and  Plaintiff suffers damages. 23

24. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Defenses to Wrongful Interference include:  Interference with justified or permissible.  Bona fide competitive behavior is a permissible interference even if it results in the breaking of a contract. 24

25. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  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. 25

26. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Defenses to Trespass to Land: Trespass is necessary, or trespasser is a licensee.  Trespass to Personal Property is the Intentional interference with another’s use or enjoyment of personal property without consent or privilege. 26

27. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Conversion: wrongful possession or use of property without permission.  CASE 6.2 Trustees of University of District of Columbia v. Vossoughi (2009). How is personal property valued?  Disparagement of Property.  Slander of Quality or Title. 27

28. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Disparagement of Property.  Slander of Quality: publication of false information about another’s product (trade libel).  Slander of Title: publication falsely denies or casts doubt on another’s legal ownership of property, resulting in financial loss. 28

29. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Identifying the Author of Online Defamation: usually a threshold barrier to filing suit.  What about the Liability of Internet Service Providers?  CASE 6.3 Fair Housing Council of San Fernando Valley vs. Roommate.com, LLC (2008). 29

30. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.  Statutory Regulation of Spam.  Many states require unsolicited emails to have a phone number or return email address.  Federal CAN-SPAM Act (2004) applies primarily to commercial emails.  U.S. Safe Web Act (2006): gives FTC powers to investigate and prosecute. 30