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Business Law: Unit 2
Torts and Crimes
| Question | Answer |
|---|---|
| Tort Law | Society compensates those who have suffered injuries as of the wrongful conduct of others |
| Intentional Tort | Arise from intentional acts |
| Unintentional Tort | Result from carelessness |
| 2 notions are the basis of Torts | Wrongs and Compensation |
| Purpose of Tort Law | Provide remedies for the invasion of various protected interests Society has interest in protecting property Tort Law provides remedies for acts that cause destruction of property Damages available in Tort Actions |
| Compensatory Damages | Intended to reimburse a plaintiff for actual losses caused by Tort |
| Special Damages | Compensate for quantifiable losses (medical expenses, lost wages, etc) |
| General Damages | Compensate for nonmonetary aspects of harm suffered (pain and suffering) |
| Punitive Damages | Punish wrong doer and deter other wrong doers Only used when defendants behavior is reprehensible or grossly negligent |
| Gross Negligence | Intentional Behavior to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another |
| Gross Negligence | Mainly used in intentional tort actions, and rarely for negligence If a Punitive Damage award is grossly excessive it furthers no legitimate purpose and violates due process requirements |
| Intentional Tort | Requires Intent to commit an act which interfere with the interests of another in a way not permitted by law |
| Tortfeasor | The one committing the tort |
| Assault | Any intentional, unexcused act that creates in another person a reasonable apprehension of immediate harmful or offensive contact Apprehension is not the same as fear |
| Battery | An unexcused and harmful or offensive physical contact intentionally performed Physical Injury need not occur Can involve any part of the body or anything attached to it |
| Compensation | A plaintiff may be compensated for the emotional harm or loss of reputation resulting from a battery, as well as for physical harm |
| Consent | When person consents to the act that is tortuous, there may be defense to liability |
| Self Defense | An individual who is defending their life or physical well-being |
| Defense of Others | An individual can act in a reasonable manner to protect others who are in real or apparent danger |
| Defense of Property | Reasonable force may be used in attempting to remove intruders from one’s home |
| False Imprisonment | Intentional Confinement or restraint of another person's activities without justification and with their knowledge |
| Actionable | Capable of serving as the ground for a lawsuit |
| Defamation of Character | wrongfully hurting a person’s good reputation |
| Libel | Defamation of character involving writing, electronically, or other permanent forms |
| Slander | Defamation of character involving speaking |
| Defense to Defamation | Privileged Speech Public Figures |
| Invasion of Privacy | Appropriation of Identity Intrusion into individuals affairs or seclusions False Light Public disclosure of private facts |
| Appropriation | Degrees of Likeness Right of Publicity as Property Right |
| Three elements are necessary for wrongful interference with a contractual relationship to occur | A valid enforceable contract must exist between two parties A third party must know that this contract exists This third party must intentionally induce a party to the contract to breach the contract |
| Defense to Wrongful Interference | A person will not be liable for the tort of wrongful interference with a contractual or business relationship if it can be shown that the interference was justified or permissible. |
| Intentional Torts Against Property | Wrongful actions that interfere with individuals legally recognized rights with regard to their land or personal property |
| Real property | land and things permanently attached to the land |
| Personal Property | all other items of property not attached to the land |
| Trespass To Land | Occurs anytime a person without permission enters onto, above, or below the surface of land that is owned by another; causes anything to enter onto land; or emails on the land or permits anything to remain on it |
| Trespass Criteria, Rights, and Duties | Establish that the person was in fact trespassing |
| Defense against Trespass To Land | Trespasser enters to help someone in danger When trespasser has license to enter land Licenses may be revoked and once revoked the individual is trespassing |
| Trespass To Personal Property | Whenever any individual without consent takes or harms the personal property of another or otherwise interferes with the lawful owner’s possession and enjoyment of personal property |
| Conversion | Whenever a person wrongfully possesses or uses the personal property of another as if the property belonged to her or him |
| Conversion | Any act that deprives an owner of personal property of the use of that property without that owner’s permission and without just cause |
| Disparagement Of Property | Occurs when economically injurious falsehoods are made about another’s product or property rather than about another’s reputation |
| Slander of Quality | Publishing false information about another’s product alleging it is not what its seller claims (trade libel) Plaintiff must show that a third party person refrained from dealing with the plaintiff because of the improper publication |
| Slander of Title | When a publication falsely denies or casts doubt on another’s legal ownership of property, resulting in financial loss to the property’s owner. |
| Cyber Torts | Torts committed in the online environment are Cyber Torts |
| Immunity of Internet Service Providers | No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provide |
| Piercing the Veil of Anonymity | Courts generally reluctant to allow the ISPs of online users to be given out because it is potentially a violation of first amendment rights |
| Spam | Bulk unsolicited email sent to all the users on a particular emailing list or all of the members of a news group. |
| Statutory Regulation of Spam | States require that there be a way for the receiver of spam to “opt out” |
| The Federal CAN-SPAM Act | Applies to any commercial electronic mail messages that are sent for promotion of goods or services Cannot use false return addresses Cannot use false/misleading/deceptive advertising No “dictionary attacks” |
| Defense to Wrongful Interference | |
| Intentional Torts Against Property | |
| Real property | |
| Personal Property | |
| Trespass To Land | |
| Trespass Criteria, Rights, and Duties | |
| Defense against Trespass To Land | Trespasser enters to help someone in danger, When trespasser has license to enter land, Licenses may be revoked and once revoked the individual is trespassing |
| Trespass To Personal Property | |
| Conversion | |
| Conversion | An act that deprives an owner of property of the use of that property without that owner’s permission and without just cause, Even if consent is given to the initial taking of the property, a failure to return the personal property may still be conversion |
| Disparagement Of Property | |
| Slander of Quality | |
| Slander of Title | |
| Cyber Torts | |
| Piercing the Veil of Anonymity | |
| Spam | |
| Statutory Regulation of Spam | |
| The Federal CAN-SPAM Act | Applies to any commercial electronic mail messages that are sent for promotion of goods or services, Cannot use false return addresses, Cannot use false/misleading/deceptive advertising,No “dictionary attacks” |
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