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MGMT 466
Chapter 6 - Intentional Torts
28
Management
Undergraduate 4
06/09/2009

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Term
Tort
Definition
Civil wrong. P desires $ to make up for wrong.
Term
3 main types of Torts
Definition
Intentional, Negligence, Strict Liability
Term
Intentional Tort
Definition
Intent is REQUIRED to do the ACT (focus on act, not resulting harm) that results in the harm. No evil or harmful motive required. Only need to intend the act that results in the harm; do NOT have to intend the harm itself.
Term
tortfeasor
Definition
person who committed tort
Term
assault
Definition
an intentional, unexcused act that creates in another person a reasonable apprehension or fear of immediate harmful or offensive action.
Term
Battery
Definition
an unexcused and harmful or offensive physical contact intentionally performed. No malice necessary
Term
Defenses to assault and battery
Definition
1.) Consent (contact sports). 2.) Self-defense (reasonable necessary force for defense in both real and apparent danger). 3.)Defense of others. 4.) Defense of property (reasonable force).
Term
False imprisonment
Definition
Intentional confinement or restraint of another person's activities. Person must not agree to the restraint. Business often have statuttes allowing them to detain shoplifters for a reasonable time and in a reasonable manner
Term
Defamation, two types, damages
Definition
Wrongfully harming another's good reputation. PUBLICATION REQUIREMENT: Can only happen when someone other than the person the stmts are about receives the defamatory info. Libel (written) and slander (oral). For slander, Plaintiff must prove he suffered special damages (economic loss). For libel, proof of special damages not necessary.
Term
Exception to Publication Requirement, defamation
Definition
1.) stmt that person has loathsome, communicable disease. 2.) stmt that person has committed improprieties in their profession or trade. 3.) stmt that person has committed or been imprisoned for a serious crime. 4.) stmt that unmarried woman is unchaste.
Term
Defenses to defamation
Definition
1.) Truth is an absolute defense. 2.) Privileged speech. 3.) Public figures
Term
Two types of privileged speech (defamation)
Definition
Absolute: judicial proceedings, legislative proceedings. Qualified (conditional): made in good faith to those with a legitimate interest in the communication.
Term
Public Figures defense to defamation
Definition
Public figure has higher burden in proving defamation. Must prove "actual malice."
Term
Invasion of Right to Privacy
Definition
1.) use of a person's name, picture, or other likeness for commercial purposes w/o permission. 2.) Intrusion on an individual's affairs or seclusion. 3.) Publication of info that places a person in a false light. 4.) Public disclosure of private facts about an individual that an ordinary citizen would find objectionable.
Term
Appropriation
Definition
The use of one person's name or likeness by another, w/o permission and for the benefit of the user. Individual's right to privacy includes the right to the exclusive use of his or her identity.
Term
Fraudulent Misrepresentation
Definition
1.) Misrepresentation of material facts w/ knowledge that they're false or w/ reckless disregard for truth. 2.) Intent to induce another to rely on the misrepresentation. 3.) Justifiable reliance by the deceived party. 4.) Damages suffered as a result of the reliance. 5.) A causal connection between the misrepresentation and the injury..... Must be more than puffery. If expert uses puffery, he may be liable for fraud.
Term
Business Torts
Definition
1.) Wrongful interference with a contractual relationship. 2.) Wrongful interference with a business relationship.
Term
Wrongful interference with a contractual relationship, 3 elements
Definition
Any lawful contract can be basis for this action. P must prove that D KNEW of contract's existence and induced breach of the contract. Three elements: 1.) Valid, enforceable contract. 2.) 3rd party knows contract exists. 3.) 3rd part intentionally causes original party to break contract.
Term
Wrongful interference w/ a business relationship, predatory behavior, 3 elements
Definition
Individuals may not interfere unreasonably with another's business in order to gain a share of the market. Pred beh: soliciting only those customers who have already shown an interest in the similar product or service of a specific competitor. 3 elements: 1.) establishd business relationship. 2.) Predatory Behavior. 3.) intentionally ending relationship.
Term
Defenses to wrongful interference
Definition
Bona fide competitive behavior. 2.) aggressive marketing and advertising strategies.
Term
Intentional torts against property
Definition
wrong committed against individual who has legally recognized rights with regard to real (land + anything permanently attached) or personal (everything else, including stocks) property.
Term
Trespass to land
Definition
a person, w/o permission, enters on/above/under someone else's land. No harm is necessary. Owner must implicitly (anyone entering property to commit an illegal act) or expressly (tell guest to leave and they don't or posted "no trespassing" sign) establish that the person is a trespasser. Landowner owes a 'reasonable duty' to trespasser.

Owner can use reasonable force to remove someone off his land.
Term
attractive nuisance doctrine
Definition
young children do not assume risk if they are attracted to the premises by some object... the landowner does.
Term
defenses to trespass
Definition
1.) trespasser enters to assist someone in danger even if that person is a trespasser. Trespasser enters to protect property.
Term
Trespass to personal property
Definition
wrongfully interfering with the personal property owner's right to the exclusive possession and enjoyment of their property. involves intentional meddling with someone else's property )roommate "borrows" car for 4 hours).
Term
Conversion
Definition
"Civil theft." Any act that deprives an owner of personal property without the owner's permission and without just cause that places the property in the service of the trespasser or other person.
Term
Defenses and non-defenses for conversion
Definition
Defenses: Necessity; purported owner does not in fact own the property or does not have a right to possess it that is superior to the right of the holder. Non: good intentions; the good purchased was stolen.
Term
pg 43, bottom part. read it
Definition
or else
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