COB 318 - EXAM 2
tort defini on and purpose - Answers wrongful act OR viola on of protected interest (including
your reputa on). falls within civil law
purpose of tort law: compensate -- with legal remedies, ie money, land, or property -- those
who suffer loss or injury because of another's wrongful act or viola on of a protected interest
(best we can do; can't give you back your lost arm, etc.)
damages available for tort law - Answers 1) Compensatory damages
- money, land, property awarded *equal to actual value of injuries or damage sustained*
- only specific damages for companies, but people can get general damages
2) Puni ve damages
- money awarded to *punish and deter similar conduct in the future*
two classifica ons of tort law - Answers 1) inten onal torts
2) uninten onal torts/negligence
defenses
- Legally recognized reasons why plain ff should NOT obtain damages:
- inten onal tort cases = CONSENT
- Negligence cases=
1) compara ve negligence
2) superseding cause
3) assump on of risk
, tor6easor - Answers - person/business who commits a tort (civil wrong), either inten onally or
through negligence
inten onal torts vs uninten onal torts/negligence - Answers int:
- require intent, *ie knowingly commi7ed*
- can be against *persons or property*
unint:
- failure to exercise standard of care that reasonable person would exercise in similar
circumstances
- can be commission (act) or omission (failure to act)
inten onal torts - Answers 1.Assault
2.Ba7ery
3.False Imprisonment
4.Inten onal Inflic on of Emo onal Distress (whiners' claim)
5.Defama on
6.Invasion of Privacy
7.Fraudulent Misrepresenta on
8.Wrongful Interference with Contractual Rela onship / Business Rela onship
1.Assault - Answers •Cause reasonable apprehension byinten onal and unexcused threat
ofIMMEDIATEHARMFUL OR OFFENSIVE CONTACT
1.Ba7ery - Answers •INTENTIONAL AND UNEXCUSED HARMFUL OR OFFENSIVE CONTACT
,3.False Imprisonment - Answers •Inten onal confinement or restraint of another's ac vi es
without jus fica on (So, be REASONABLE, People!!)
•Defenses to Assault, Ba7ery, and False Imprisonment - Answers •Self defense and defense of
others
•Defense of property
•Consent
•Necessity
Defama on - Answers •Words that wrongfully hurt good reputa on of a
•Person / Product / Business
OR wrongfully hurt
•Legal ownership rights to property
requirements for defama on - Answers 1.False statement of fact
•E.g., "Lane cheats on his taxes!" or "Toby is a drug dealer."
•Not "Lane is a jerk!" because opinions NOT ac onable under First Amendment
2.Published - spoken or wri7en
•E.g., McKee v. Laurion, Case 6.1 (doctor case)
•Not liable for private le7er to vic m charging with embezzlement,unless dictated le7er to
secretary or copied third par es
•Not liable for statement about person if made statement to thatperson ONLY and with no
other people in room
slander vs libel - Answers slander = a *spoken* publica on
, libel = a *wri7en* publica on
Defenses to Defama on (strongest to weakest order) - Answers 1.Truth
2.Privileged Communica ons
3.Public Figure
truth as a defama on defense - Answers the strongest defense
•Absolute defense! Bars liability!
privileged communica ons as defama on defense - Answers 2nd best defense
•Absolutely Privileged
•Judicial proceedings
•E.g., witnesses and lawyers during trial
•Legisla ve proceedings
•E.g., legislators during legisla ve debate
•Poli cal speeches
•Qualified/Condi onally Privileged
•Good faith in publica on
•Limited to those with legi mate interest, e.g.:
•employer evalua ons of employees or former employees
•statements made in self-defense or to warn others about a harm or danger
•published book or film reviews that cons tute fair cri cism.
tort defini on and purpose - Answers wrongful act OR viola on of protected interest (including
your reputa on). falls within civil law
purpose of tort law: compensate -- with legal remedies, ie money, land, or property -- those
who suffer loss or injury because of another's wrongful act or viola on of a protected interest
(best we can do; can't give you back your lost arm, etc.)
damages available for tort law - Answers 1) Compensatory damages
- money, land, property awarded *equal to actual value of injuries or damage sustained*
- only specific damages for companies, but people can get general damages
2) Puni ve damages
- money awarded to *punish and deter similar conduct in the future*
two classifica ons of tort law - Answers 1) inten onal torts
2) uninten onal torts/negligence
defenses
- Legally recognized reasons why plain ff should NOT obtain damages:
- inten onal tort cases = CONSENT
- Negligence cases=
1) compara ve negligence
2) superseding cause
3) assump on of risk
, tor6easor - Answers - person/business who commits a tort (civil wrong), either inten onally or
through negligence
inten onal torts vs uninten onal torts/negligence - Answers int:
- require intent, *ie knowingly commi7ed*
- can be against *persons or property*
unint:
- failure to exercise standard of care that reasonable person would exercise in similar
circumstances
- can be commission (act) or omission (failure to act)
inten onal torts - Answers 1.Assault
2.Ba7ery
3.False Imprisonment
4.Inten onal Inflic on of Emo onal Distress (whiners' claim)
5.Defama on
6.Invasion of Privacy
7.Fraudulent Misrepresenta on
8.Wrongful Interference with Contractual Rela onship / Business Rela onship
1.Assault - Answers •Cause reasonable apprehension byinten onal and unexcused threat
ofIMMEDIATEHARMFUL OR OFFENSIVE CONTACT
1.Ba7ery - Answers •INTENTIONAL AND UNEXCUSED HARMFUL OR OFFENSIVE CONTACT
,3.False Imprisonment - Answers •Inten onal confinement or restraint of another's ac vi es
without jus fica on (So, be REASONABLE, People!!)
•Defenses to Assault, Ba7ery, and False Imprisonment - Answers •Self defense and defense of
others
•Defense of property
•Consent
•Necessity
Defama on - Answers •Words that wrongfully hurt good reputa on of a
•Person / Product / Business
OR wrongfully hurt
•Legal ownership rights to property
requirements for defama on - Answers 1.False statement of fact
•E.g., "Lane cheats on his taxes!" or "Toby is a drug dealer."
•Not "Lane is a jerk!" because opinions NOT ac onable under First Amendment
2.Published - spoken or wri7en
•E.g., McKee v. Laurion, Case 6.1 (doctor case)
•Not liable for private le7er to vic m charging with embezzlement,unless dictated le7er to
secretary or copied third par es
•Not liable for statement about person if made statement to thatperson ONLY and with no
other people in room
slander vs libel - Answers slander = a *spoken* publica on
, libel = a *wri7en* publica on
Defenses to Defama on (strongest to weakest order) - Answers 1.Truth
2.Privileged Communica ons
3.Public Figure
truth as a defama on defense - Answers the strongest defense
•Absolute defense! Bars liability!
privileged communica ons as defama on defense - Answers 2nd best defense
•Absolutely Privileged
•Judicial proceedings
•E.g., witnesses and lawyers during trial
•Legisla ve proceedings
•E.g., legislators during legisla ve debate
•Poli cal speeches
•Qualified/Condi onally Privileged
•Good faith in publica on
•Limited to those with legi mate interest, e.g.:
•employer evalua ons of employees or former employees
•statements made in self-defense or to warn others about a harm or danger
•published book or film reviews that cons tute fair cri cism.
