BLAWch7

• intentional
• unintentional
• strict liability

compensate victims of torts (wrongful conduct of another person)

place victim in the same economical position he/she was immediately prior to incident

desire to bring about the actual consequences of an action

knowing with substantial certainty that certain outcomes will result

intentional infliction of harmful, offensive or unwelcome bodily contact

intentional creation of a mental impression that an offensive or harmful bodily contact is about to occur

"good reasons" to excuse liability for it

• examples:
• - consent (sex, sport)
• - self-defense
• - defense of others
• - defense of property

equal or less force than oncoming

NOT knife vs. person attacking unarmed

• harm to the person
• harm to right of dignity
• harm to property
• harm to economic interests

false imprisonment -- victim has to be aware of confinement

infliction of emotional distress -- extreme and/or outrageous conduct causing severe emotional distress (stalking, bullying, practical jokes...)

• defamation
• invasion of privacy

slander -- oral/spoken

liable -- written/electronically transmitted

false communication that causes injury to a person's reputation

libel -- assumed, plaintiff does not have to show actual injury

slander -- plaintiff must prove actual injury

slander per se (allegation including loathsome disease, business improprieties, serious crime, woman is unchaste) -- assumed

• truth
• privilege (legal defense to what otherwise would be defamation)

absolute privilege -- stmts made in court, legislative debate, btwn spouses when alone

conditional privilege -- employee evaluation, letters of reference (not if improperly used/malice)

constitutional privilege -- stmt about public figure w/out malice

knowledge of falsity

reckless disregard for the truth (= bad faith, no research)

appropriation -- use of another's name, characteristics, voice, catch phrase etc. for commercial purposes w/out that person's consent

intrusion -- unreasonable and highly offensive interference with a person's solitude or seclusion (when expectation of privacy exists)

public disclosure of private facts -- offensive publicity of private information (in the media, let public "at large" know)

false light -- offensive and false publicity about another

• harm to real property
• harm to personal property

trespass -- physically enter or cause anything to enter onto, above, or below the surface of another's land w/out permission or remain or permit to remain w/out permission

nuisance -- non-trespass invasionn of another's interest in use and private enjoyment of land (noise, pollution)

trespass -- intentional interference with another's use or enjoyment of personal property w/out consent or privilege

conversion -- type of trespass, changing condition of property or property cannot be returned

wrongful interference with a contractual relationship -- knowledge about contract, inducing one party to breach, benefiting from breach

disparagement -- intentional or reckless publication of false information injuring a person's economic interests

fraudulent misrepresentation -- false stmt of fact, made with intent to deceive, which other party relies on

slander of quality -- false allegations about the quality

slander of title -- false allegations about ownership

• movement to restrict tort liability, efforts to legislate changes in tort law
• lowering awards of punitive damages, medical malpractice, and pain & suffering awards