Fundamentals of Business Law
Summarized Cases, 8th Ed., and Excerpted Cases, 2nd Ed.
ROGER LeROY MILLER
Institute for University Studies
Arlington, Texas
GAYLORD A. JENTZ
Herbert D. Kelleher Emeritus
Professor in Business Law
University of Texas at Austin
Intentional Torts
Against Persons
• Assault and Battery.
– Assault: the reasonable apprehension or fear
of immediate contact.
– Battery: completion (contact) of the assault.
– Defenses:
• Consent.
• Self-Defense and Others.
• Defense of Property.
Copyright © 2010 South-Western Legal Studies in Business,
a part of South-Western Cengage Learning.
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Defamation
• Publication of a false statement as fact
(oral or written) that injures a person’s
good reputation.
– CASE 4.2 Lott v. Levitt, (U.S. District
Court, Illinois, 2007).
– Third party must hear or see statement.
– Statements made on the internet may be
actionable.
Copyright © 2010 South-Western Legal Studies in Business,
a part of South-Western Cengage Learning.
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Intentional Torts
Against Persons
• Fraudulent Misrepresentation.
– Intentionally deceive another to believe in a
condition that is different from the condition
that already exists.
•
•
•
•
Knowing misrepresentation of fact.
Intent to induce innocent party to rely.
Justifiable reliance by innocent party.
Causation and Damages.
– Contrast: “puffery” or statements of opinion.
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a part of South-Western Cengage Learning.
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Wrongful Interference
• Wrongful Interference with Business
Relationship.
– Distinguish competition vs. predatory behavior.
Predatory behavior is unlawfully driving
competitors out of market.
– To prevail, Plaintiff must show Defendant targeted
only Plaintiff’s customers and product.
• Defenses to Wrongful Interference:
Interference was justified or permissible.
Copyright © 2010 South-Western Legal Studies in Business,
a part of South-Western Cengage Learning.
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Defenses to Negligence
• Assumption of the Risk.
• Superceding Intervening Cause.
– Event must be unforeseeable.
• Contributory Negligence (few
jurisdictions).
– Plaintiff recovers nothing if he is at fault.
• Comparative Negligence (more common).
– As long as Plaintiff is less than 50% at fault
he can recover a pro-rata share of the
verdict.
Copyright © 2010 South-Western Legal Studies in Business,
a part of South-Western Cengage Learning.
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Cyber Torts
• Can a person be liable for a tort
committed in cyberspace?
• Communications Decency Act (1996).
– “No provider/user of an interactive computer
service shall be treated as the publisher
…provided by another information content
provider.
– CASE 4.3 Fair Housing Council of San
Fernando Valley v. Roommate.com, LLC
(9th Circuit, 2008).
Copyright © 2010 South-Western Legal Studies in Business,
a part of South-Western Cengage Learning.
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