TORT
Means
“Wrong”
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TORT
A violation of a duty
imposed by civil law.
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CLASSIFICATIONS OF LAW
CRIMINAL LAW
OUTLAWED
BEHAVIOR
GOVERNMENT
GUILTY OR
INNOCENT
FINE OR
IMPRISONED
CIVIL LAW
RIGHTS AND DUTIES
VICTIMS
LIABLE OR NOT
COMPENSATE
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TORT vs. CRIMINAL OR
CONTRACT LAW
 Criminal
Law
 Contract Law
 Tort Law
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TORT
NORMALLY IS A CIVIL VIOLATION
HOWEVER, CAN BE BOTH CIVIL
AND CRIMINAL
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CATEGORIES OF TORT LAW

Intentional Torts
 Negligence
 Strict Liability
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INTENTIONAL TORT DEFAMATION

Defamation is irresponsible
speech to harm another’s
reputation.

Two Types:
libel
slander
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ELEMENTS
There are four facts to prove to win a
defamation suit:
– The defamatory statement was actually made.
– The statement is false.
– The statement was communicated to
someone other than the plaintiff.
– Some injury that resulted from the
defamation.
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DEFAMATION
(cont’d)
Slander per se
Some statements are so
harsh and potentially
damaging that the plaintiff is
assumed to be damaged and
does not have to prove injury.
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SOME EXCEPTIONS
 OPINION
 TRUTH
IS
ALWAYS A
DEFENSE!
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OTHER RULES

Public Personality

Privilege
–Absolute
–Qualified
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INTENTIONAL TORT - FALSE
IMPRISONMENT
False imprisonment is the
restraint of someone against
their will and without
reasonable cause.
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INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS
Historically, no recovery was
allowed if the injury was only
emotional instead of physical.
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-ASSAULT
AND BATTERY

Assault

Battery
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TRESPASS
Trespass is intentionally
entering land that belongs to
someone else or remaining
after being asked to leave.
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CONVERSION
Conversion is taking or using
someone’s property without
consent (civil law version of
theft).
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FRAUD
Fraud is injuring another person
by deliberate deception.
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DAMAGES
Compensatory
Punitive
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BUSINESS TORTS
Intentional torts that occur
almost exclusively in a
business setting are called
business torts.
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INTERFERENCE WITH BUSINESS
RELATIONS
Interference with a contract exists if the
plaintiff can prove these elements:
– Contract between parties and defendant
knew
– The defendant induced the third party to
breach the contract or make performance
impossible.
– There was injury to the plaintiff.
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INTERFERENCE WITH BUSINESS
RELATIONS
Interference with prospective advantage
exists:
– when there is a relationship which gives
the plaintiff a reasonable expectation of
economic advantage, even though no
contract exists
– when the defendant maliciously interferes
and prevents the relationship from
developing
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PRIVACY AND PUBLICITY

Intrusion

Disclosure of Embarrassing Private Facts

False Light

Commercial Exploitation
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THE LANHAM ACT
This statute prohibits -- and
provides punishment for -false statements made by a
business intended to hurt
another business.
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