2 TORT Means“Wrong” 3 TORT A violation of a duty imposed by civil law.

2

TORTTORT

Means Means

““Wrong”Wrong”

3

TORTTORT

A violation of a duty A violation of a duty imposed by civil imposed by civil

law.law.

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CLASSIFICATIONS OF LAWCLASSIFICATIONS OF LAW

CRIMINAL LAWCRIMINAL LAW CIVIL LAWCIVIL LAW

OUTLAWED OUTLAWED BEHAVIORBEHAVIOR

GOVERNMENT GOVERNMENT

GUILTY OR GUILTY OR INNOCENTINNOCENT

FINE OR IMPRISONEDFINE OR IMPRISONED

RIGHTS AND DUTIESRIGHTS AND DUTIES

VICTIMSVICTIMS

LIABLE OR NOTLIABLE OR NOT

COMPENSATECOMPENSATE

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TORT vs. CRIMINAL OR TORT vs. CRIMINAL OR CONTRACT LAWCONTRACT LAW

Criminal LawCriminal Law Contract LawContract Law

Tort LawTort Law

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TORTTORT

NORMALLY IS A CIVIL NORMALLY IS A CIVIL VIOLATIONVIOLATION

HOWEVER, CAN BE BOTH CIVIL HOWEVER, CAN BE BOTH CIVIL AND CRIMINAL AND CRIMINAL

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CATEGORIES OF TORT CATEGORIES OF TORT LAWLAW

Intentional TortsIntentional Torts Negligence Negligence

Strict LiabilityStrict Liability

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INTENTIONAL TORT - INTENTIONAL TORT - DEFAMATIONDEFAMATION

Defamation is irresponsible Defamation is irresponsible speech to harm another’s speech to harm another’s reputation.reputation.

Two Types:Two Types:libellibelslanderslander

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ELEMENTSELEMENTS

There are four facts to prove to win a There are four facts to prove to win a defamation suit:defamation suit:

– The defamatory statement was actually The defamatory statement was actually made.made.

– The statement is false.The statement is false.– The statement was communicated to The statement was communicated to

someone other than the plaintiff.someone other than the plaintiff.– Some injury that resulted from the Some injury that resulted from the

defamation.defamation.

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DEFAMATION DEFAMATION (cont’d)(cont’d)

Slander per seSlander per se Some statements are so Some statements are so

harsh and potentially harsh and potentially damaging that the plaintiff is damaging that the plaintiff is assumed to be damaged and assumed to be damaged and does not have to prove injury.does not have to prove injury.

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SOME EXCEPTIONSSOME EXCEPTIONS

OPINIONOPINION

TRUTH IS ALWAYS A TRUTH IS ALWAYS A DEFENSE!DEFENSE!

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OTHER RULESOTHER RULES

Public PersonalityPublic Personality

PrivilegePrivilege–AbsoluteAbsolute–QualifiedQualified

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INTENTIONAL TORT - FALSE INTENTIONAL TORT - FALSE IMPRISONMENTIMPRISONMENT

False imprisonment is the False imprisonment is the restraint of someone restraint of someone against their will and against their will and

without reasonable cause.without reasonable cause.

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Historically, no recovery was Historically, no recovery was allowed if the injury was allowed if the injury was only emotional instead of only emotional instead of

physical.physical.

INTENTIONAL INFLICTION OF INTENTIONAL INFLICTION OF EMOTIONAL DISTRESSEMOTIONAL DISTRESS

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AssaultAssault

BatteryBattery

ASSAULT AND BATTERYASSAULT AND BATTERY

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Trespass is intentionally Trespass is intentionally entering land that entering land that

belongs to someone else belongs to someone else or remaining after being or remaining after being

asked to leave.asked to leave.

TRESPASSTRESPASS

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CONVERSIONCONVERSION

Conversion is taking or using Conversion is taking or using someone’s property without someone’s property without consent (civil law version of consent (civil law version of

theft).theft).

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FRAUDFRAUD

Fraud is injuring another Fraud is injuring another person by deliberate person by deliberate

deception.deception.

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DAMAGESDAMAGES

CompensatoryCompensatory

PunitivePunitive

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BUSINESS TORTS BUSINESS TORTS

Intentional torts that Intentional torts that occur almost exclusively occur almost exclusively in a business setting are in a business setting are

called called business tortsbusiness torts..

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INTERFERENCE WITH INTERFERENCE WITH BUSINESS RELATIONSBUSINESS RELATIONS

Interference with a contract exists if the plaintiff can Interference with a contract exists if the plaintiff can prove these elements:prove these elements:– Contract between parties and defendant knewContract between parties and defendant knew– The defendant induced the third party to breach the contract The defendant induced the third party to breach the contract

or make performance impossible.or make performance impossible.– There was injury to the plaintiff.There was injury to the plaintiff.

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INTERFERENCE WITH INTERFERENCE WITH BUSINESS RELATIONSBUSINESS RELATIONS

Interference with Interference with prospective advantageprospective advantage exists: exists:– when there is a relationship which gives the plaintiff a reasonable when there is a relationship which gives the plaintiff a reasonable

expectation of economic advantage, even though no contract exists expectation of economic advantage, even though no contract exists – when the defendant maliciously interferes and prevents the when the defendant maliciously interferes and prevents the

relationship from developingrelationship from developing

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PRIVACY AND PUBLICITYPRIVACY AND PUBLICITY

IntrusionIntrusion

Disclosure of Embarrassing Private FactsDisclosure of Embarrassing Private Facts

False LightFalse Light

Commercial ExploitationCommercial Exploitation

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THE LANHAM ACT THE LANHAM ACT

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