Chapter 7

To compensate persons who sustain injury from another's tortious (wrongful) conduct. Compensation aims to place the injured victim in the same position (economically) that he/she was in immediatley prior to the tort.

Defendant (tortfeasor) desires to bring about the actual consequences of his physical action.

Intentional infliction of harm, offensive or unwelcome bodily conduct.

The intentional creation of a mental impression that an offensive or bodily harmful contact is about to occur (e.g. a threat)

• - Consent
• - Self-defense, defense of others, defense of property (must use ONLY reasonable force)
• * By claiming a defense, defandant acknowledges a tort occured but that they had a "good reason" to excuse liability for the tort.

• - False Imprisonment
• - Infliction of emotional distress

Intentional interference with a person's freedom of movement by unlawful confinement. (Defense: merchants may detain customers in a reasonable manner if there is probable cause)

Extreme/outrageous conduct intentionally or recklessly causing sever emotional distress (physical symptoms or illness resulting form the distress is usually required)

An oral or written false communication that causes injury to a person's reputation (e.g. holds the person up to hatred, contempt, or ridicule in the community)

• - Plaintiff must prove the falsity of the defamatory statement.
• - The communication must be: (1) oral (spoken) communications - slander; (2) written or electronically transmitted - libel

Presumed, plaintiff does not have to show actual injury

Plaintiff must prove actual economic loss

• - It is the truth
• - Priviledge: a legal defense to what otherwise is defamation

• 1.) Absolute Privilege: statements made in court or in legislative debate; between spouses when alone.
• 2.) Conditional Privilege: employee evaluations or letters of reference (privilege may be forfeited by improper use)
• 3.) Constitutional Privilege: may comment about public figures if done without malice

Statements made with either knowledge of falsity or reckless disregard for the truth.

• 1.) Appropriation
• 2.) Intrusion
• 3.) Public Disclosure of Private Acts
• 4.) False Light

Use of another's name or characteristics for commercial purpose w/out owner's consent.

Unreasonable and highly offensive interferance with a person's solitude or seclusion (only applies when victim has an expectation of privacy on which wrongdoer intrudes)

Offensive publicity of private information

Offensive and false publicity about another

*Same as Defamation

• - It is the truth
• - Priviledge: a legal defense to what otherwise is defamation

Land and Buildings

Everything besides land and buildings (e.g. car, furniture, stocks, etc.)

For real property, occurs when a person, without permission, (1) physically enters onto, above, or below the surface of anothers land; (2) causes anything to enter onto the land; or (3) remains, or permits anything to remain, on the land.

A non-trespass invasion of another's interest in use and private enjoyment of land. (blaring music)

Intentional interference with another's use or enjoyment of personal property w/out consent or privilege. ("don't mess with my stuff")

Civil side of criminal theft (it is a type of trespass to personal property)

• - Wrongful Interference with a Contractual Relationship
• - Disparagement
• - Fraudulent Misrepresentation

Defendant knows about a contract between A and B and intentionally induces A or B to breach the contract, and the defendant benefits from the breach of contract.

• Intentional or reckless publication of false facts injuring a person's economic interests (e.g. property or products)
• * Can be slander of quality or slander of title

A false statement of fact (not opinion), made with scienter, on which another party relies.