BUS 110 – Business Torts Matching Exercise
π = plaintiff; ∆ = defendant
1. Tort
A. an imaginary person who is always alert and never reckless
2. Crime
B. for this type of π to bring a defamation lawsuit,
π must also prove ∆ made statement with malice (bad intent)
3. Intentional Tort
C. ∆ damaged π personally, e.g., defamation or invasion of privacy
4. Unintentional Tort – (i.e.,
D. ∆ wrongly tries to get 3rd party to break a contract with π (e.g.,
Negligence)
induced 3rd party to break agreement of confidentiality)
5. Property Tort
E. 1) I ntrusion into π’s private affairs; 2) public disclosure of
private facts; or 3) appropriation of π’s name, likeness or image
for commercial advantage
6. Personal Tort
F. Extra damages to punish “gross, malicious, & intentional” acts
7. Punitive Damages.
G. Plaintiff’s own negligence that contributed to his/her injuries
8. Elements to prove defamation
H. loss of money, pain and suffering
9. Additional element to prove
I. π voluntarily subjected him or herself to risk that caused injury
defamation of “public figure”
10. examples of voluntary /
J. the use, without permission of another’s likeness, image, voice,
involuntary “public figures”
or trademark for commercial gain
11. Defenses to defamation
K. “shopkeeper’s privilege”
12. Contributory Negligence
L. elements of negligence
13. What is the difference between M. ∆ held π without π’s consent and without probable cause
slander and libel?
(shopkeeper’s tort)
14.
N.
• duty
• ∆ made a false statement about reputation of a specific π
(person or business)
• breach of duty
• the false statement was “published”, i.e., a third party heard
• causation
or read the false statement
• foreseeability
• ∆ suffered damages (i.e., lost money)
(proximate cause)
• damages
15. false imprisonment – definition O. careless conduct resulting in damages
16. false imprisonment - defenses
P. deliberate conduct resulting in damages
17. intentional infliction of
Q. don’t omit information that could result in someone being
emotional distress
molested or injured!
18. invasion of privacy
R. Chelsea Clinton / The Bush twins
(hint: Chelsea campaigns publicly for mom)
19. tort of appropriation
S. jury determines fault of each of the parties – including π – and
awards damages to π and against ∆ each proportionate fault
20. What are “damages”?
T. the former is spoken defamation / the latter is written defamation
21. comparative negligence
U. ∆ damaged property of π e.g., trespass, or damage to car
22. contract interference
V. wrongful conduct that goes “beyond all bounds of decency,”
resulting in injury to π’s emotional state
23. letters of recommendation
W. • truth (absolute defense)
• mere opinion (not statement of fact)
• privilege because of public interest in disclosure of
information (e.g., speaking at a city council meeting)
24. “assumption of risk”
X. public wrong, accusation/charge of “guilt”
25. “reasonable person”
Y. private wrong, allegation/claim of “liability”