2008/2009 APT - English Legal Terminology (Prof

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2008/2009
APT - English Legal Terminology (Prof. Robert Turk)
Page 1 of 2
2008-2009-APT-File-B-Intent.Tort.Chart
TORTS: The Law of 'Intentional Torts'
∏=
Each protected legal INTEREST of a plaintiff ∏ is written
in CAPITAL letters (below), followed by the tort definition.
'Interests related to
∏ 's
plaintiff
Δ = defendant
Name of Intentional TORT
committed by defendant Δ
Person'
Freedom from CONTACT {physically harmful
or offensive
contact BATTERY
Freedom from APPREHENSION ( meaning ∏ has fearful anticipation
ASSAULT
… of what ?)
{OF a physically harmful or offensive contact}
Assumption: ∏ is conscious / aware of some 'immediate threat' from Δ.
Freedom of MOVEMENT { ∏ 's movement is confined to
FALSE IMPRISONMENT
a limited area / 'fixed boundaries'
by actual physical force, OR (express or implied) threat of force
directed against ∏ 's 'person' or ∏ 's 'property'
with 'no reasonable means of escape'.
Assumption: ∏ is 'conscious/aware' of 'confinement' or 'is harmed by it.'
Freedom from DISTRESS { ∏ 's distress is caused by:
extreme, outrageous conduct (which can be 'intentional or reckless')
REPUTATION (and good name)
A false communication (which has been 'published' to a third party)
'disgracing ∏ ' and 'diminishing ∏ 's respect in the community' which
may include deterring third persons from 'associating / dealing' with him.
Requirement: Here the word 'publication/to publish' has special meaning
(=means written or oral communication by  about  to any third party).
A false communication that is written, printed, broadcast =
A false communication that is spoken / oral
=
Intentional INFLICTION of
EMOTIONAL DISTRESS
DEFAMATION is one tort
with two 'kinds':
= Libel
= Slander
∏'s 'Privacy' Interests are protected by 4 different torts… as listed below:
Unauthorized use of ∏ 's name/image/likeness for ∆'s benefit/profit.
APPROPRIATION
Unauthorized, unreasonable, and highly offensive interference with
∏ 's solitude/seclusion, such as entry into ∏ 's dwelling/office/papers;
eavesdropping/wiretapping conversations, or via other technology.
INTRUSION
Offensive publicity (= 'making known to public') of private information
Requirement: a publicized communication; ( 'publicity/to publicize' ).
Note here the word 'to publicize' has a broader meaning than the special
meaning of 'to publish' as used in the description of defamation above
PUBLIC DISCLOSURE of
PRIVATE FACTS
Offensive publicity of matters known by ∆ to be false (or where ∆ has
acted in 'reckless disregard' of whether the matter was false).
FALSE LIGHT
Table adapted from Smith & Roberson, BUSINESS LAW, 7 th ed. Revised by R.Turk.
© 2003-2009 Robert Turk
2008/2009
APT - English Legal Terminology (Prof. Robert Turk)
Page 2 of 2
TORTS: The Law of 'Intentional Torts'
∏=
plaintiff Δ = defendant
(continued from page 1)
Each Protected LEGAL INTEREST of the plaintiff ∏
is written in CAPITAL letters (below)
' ∏ 's
Name of Intentional TORT
committed by defendant Δ
Property Interests'
REAL property interests
Interference by 'physical entry' of a person or a thing
OR
by 'failure to remove' (person or thing) when so ordered.
TRESPASS to REAL
Property
Non-trespassory interference, such as noise, gas, smoke, odors, etc.
NUISANCE
PERSONAL property interests
'Dispossessing ∏ ' / 'depriving ∏ of use' for an 'unreasonable' time,
OR 'unreasonably impairing' the 'condition, quality, value of that
personal property' belonging to ∏.
'Exercising such dominion /control' over ∏ 's personal property
TRESPASS to 'CHATTELS'
(or PERSONAL
Property)
CONVERSION
by taking, detaining, and/or disposing of it in such manner
(resulting in substantial dispossession, misuse or destruction)
as to justly require payment of 'full value' damages from the Δ.
' ∏ 's
Economic Interests'
'CONTRACTS and Contract Relations'
INTERFERENCE with
CONTRACT RELATIONS
'GOOD WILL'
DISPARAGEMENT
'Freedom from DECEPTION'
FRAUDULENT
MISREPRESENTATION
Table adapted from Smith & Roberson, BUSINESS LAW, 7th ed. Revised by R.Turk.
© 2003-2009 Robert Turk
End of file.
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