Blaw review - Blaw review Ch.6 120)Tort law those who have...

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Blaw review Ch.6 120)Tort law- those who have suffered a loss or injury due to anothers wrongful act Types: intentional/ unintentional Assault- a reasonable apprehension or fear of immediate harmful or offensive contact. Battery- The completion of the act that caused the apprehension, if it results in harm to the plantiff. Defenses to assault and battery: Consent: if someone consents to the act Self-defenses: when someone is preventing harmful contact. Defense of others: when protecting others that are in danger Defense of property: when trying to remove intruders from ur home False imprisonment: the intentional confinement or restraint of another person’s activities w/o justification. Merchants privilege: has right to check “shoplifter” on probably cause. Defamation: involves wrongfully hurting a pesons good reputation(false statements). Slander: breaching this duty orally. (truth is always a defense) Libel: breaching this duty in writing or other permanent form. Recovery of Damages in libel case: the plaintiff need not prove that he or she was actually injured in any way as a result of the libelous statement. Damages in slander: plaintiff must prove special damages to establish the defendants liability. Privileged Speech: some circumstance, a person will not be liable for defamatory statements b/c he enjoys a privilege or immunity. 2 types: qualified: statements made in written evaluations of employees are qualifiedly privileged. If statements are made in good faith and r to those who have a legit interest in the communication. Absolute privilege: judicial and govnmental proceedings only. Public Figures: false and defamatory statements about these guys are privileged without actual malice. (actual mailice- statement that is known to be false or a reckless disregard of the truth. Pennzoil vs. Texaco: deals with verbal agreement contracts (must clarify that it is not binding)- an agreement of one company to merge with another. Wal-mart vs. Gonzales: item he fell on was macaroni salad. Timberwalk case: assault by intruder took place in an apartment complex. The complex couldn’t forsee the sexual assault so they had no duty to take security precautions to prevent it. Intentional infliction of emotion distress: intentional act that amounts to extreme and outrageous conduct resulting in severe stress (if someone prank calls saying that
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someone’s spouse was in a bad wrech)(actionable- capable of serving as the ground for a lawsuit.) Texas attitude: ? Invasion of Privacy: a person has a right to solitude and freedom from public eye.
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Blaw review - Blaw review Ch.6 120)Tort law those who have...

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