Business Law Notes

Chapter 9: Tort

Intentional tort: intent (actual, implied, or transferred), causation, injury or harm

Consent

        Self-defense or defense of others (no greater than done on them)

• Battery: the intentional, nonconsensual act
• Assault: an intentional, nonconsensual act that gives rise to the apprehension (fear not required) that a harmful or offensive act is imminent
• False imprisonment: an intentional, nonconsensual confinement by physical barriers or by physical force or threats of force; the plaintiff must have been aware of and have suffered harm as the result of the confinement

Intentional infliction of emotional distress: outrageous conduct by the defendant, intent to cause, or reckless disregard

• Defamation: the communication (or publication) to a third party of an untrue statement of fact that injures the plaintiff’s reputation by exposing him or her to hatred, ridicule, or contempt

• i.e. public figures and media defendants: media has 1st amendment right to “freedom of the press” when commenting on politics and news-worthy matters, must show “actual malice” (knowledge of falsity or reckless disregard for truth)

Invasion of privacy: violation of the right to keep personal matters to oneself

Appropriation of a person’s name or likeness

Trespass to land- interference with a property right, above or below land, or also when an individual with permission to enter goes beyond the scope of authority

Nuisance: nontrespassory interference with the use or enjoyment of the property

        Public nuisance: safety and welfare, i.e. protection of lawful commerce in arms act

        Private nuisance: individual’s rights

Conversion: exercise of dominion and control over the personal property of another (NC)

Trespass to personal property: where property interfered with but not converted or altered

Fraudulent misrepresentation

Pg. 240 case

Disparagement: publication of statements derogatory to the quality of the plaintiff’s business, to the business in general, or to the plaintiff’s personal affairs in order to discourage others from dealing with her

Malicious prosecution and defense: plaintiff must show a prior proceeding was instituted against him or her maliciously and without probable cause of factual basis

Interference with contractual relations

Interference with prospective business advantage

Bad faith: usually brought against an insurance company for breaching its contractual duties

Negligence

• No intent required

Consists of four elements: duty, breach of duty, causation, and damages/injury

Duty:

        Landlord to tenant: landlords have a duty to protect tenants from foreseeable criminal acts