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.