Chapter 6 Exam Review
Tort
A Tort is a violation of a duty imposed by the civil law
Defamation
Defamation involves a defamatory statement that is false, uttered to a third person, and causes an injury. Opinion and privilege are valid defenses
Malice
Public personalities can win a defamation suit only by proving actual malice
False Imprisonment
False Imprisonment is the intentional restraint of another person without reasonable cause and without consent
Emotional Distress
The intentional infliction of emotional distress involves extreme and outrageous conduct that causes serious emotional harm
Additional Intentional Torts
Battery is an intentional touching of another person in a way that is unwanted or offensive. Assault involves an act that makes the plaintiff fear an imminent battery. Fraud is injuring another person by intentional deception
Damages
Compensatory damages are the normal remedy in a tort case. In unusual cases, the court may award punitive damages, not to compensate the plaintiff but to punish the defendant
Tortious Interference
Tortious interference with business relations involves the defendant harming an existing contract or a prospective relationship that has a definitive expectation of success.
Privacy and Publicity
The related torts of privacy and publicity involve unreasonable intrusion into someone’s private life and unfair commercial exploitation by using someone’s name, likeness, or voice without permission
Negligence Elements
The five elements of negligence are; duty of due care, breach, factual causation, proximate causation, and damage
Duty of Due Care
If the defendant could foresee that misconduct would injure a particular person, he probably has a duty to her. Special duties exist for people on the job, landowners, and employers
Breach of Duty
A defendant breaches his duty of due care by failing to
