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Unformatted text preview: INTENTIONAL TORTS Intended consequences not necessarily evil motive joke, carelessness, thoughtlessness May be civil or criminal in nature Remedies compensatory, punitive, criminal Intentional Infliction of Emotional Distress Extreme and outrageous conduct Documentation of injury Medical expenses Loss of income Ongoing injuries Assault and Battery Assault reasonable fear of harm/contact Battery completed act results in harm or offense Reasonable selfdefense is lawful False Imprisonment Intentional confinement and restriction Is there probable cause? Are conditions reasonable and humane? Can attorney be contacted? Defamation Slanderverbal Libel writing Publication communication to others Truth defense Absolute privilege attorney, judges, legislators Qualified privilege good faith and need to know basis Public figures actual malice, reckless disregard of truth Invasion of Privacy Name, picture, likeness commercial or other use Searches/eavesdropping Publication false light Public disclosure of private facts Appropriation Use of name, likeness, property For goodwill/reputation Without permission Fraudulent Misrepresentation Intentional deceit Knowledge of falsity or reckless disregard Intent to induce reliance Justifiable reliance Damages Causal connection Wrongful Interference with Contractual Relationship Contract between two parties Third party intends to induce breach For economic benefit to third party Wrongful Interference with Business Relationship Business relationship intentional interference damages Cyber Torts Online defamation individual liability, maybe publisher and internet service providers Spam trespass to personal property unlawful in CA as of 1/1/04, unless optin; probably preempted in part by federal anti spam law that has optout requirement instead Property Torts Trespass enter without permission Exceptions, defenses attractive nuisance no postings licensee (invited) Conversion Civil Theft intentional or unintentional taking even mistake, unaware of stolen goods loss of property without cause or permission CIVIL CLAIMS CRIMINAL PROSECUTION CIVIL Damages Compensation Punitive damages Preponderance of evidence or clear and convincing CRIMINAL Prison Criminal and civil penalties death penalty Loss of licensing DA indictment and prosecution CRIMINAL TERMS Beyond a reasonable doubt (unanimous) The standard used to determine the guilt or innocence of a person criminally charged. Felony crime that carries the most severe sanctions, usually ranging from one year in a state or federal prison to the forfeiture of one's life. LOWER LEVEL CRIMES Misdemeanor A lesser crime than a felony, punishable by a fine or imprisonment Petty offense least serious kind of criminal offense, such as a traffic or buildingcode violation. TWO ELEMENTS Actus reus commission of a prohibited act Mens rea Mental state, or intent knowledge and the intent, criminal recklessness INTENTIONAL TORT CASE ? Buchanan went into a store in Los Angeles. When celebrities Jennifer Lopez and Ben Affleck entered the store to shop, the manager asked Buchanan to leave, but did not give him a reason why Two Los Angeles County sheriff's deputies, who were present because of the celebrities, asked Buchanan to leave. He refused. Store security arrested him for trespassing. The deputies took him outside, where there were media crews following the celebrities, so Buchanan was filmed as he was released and told he was free to go. Media reports said that there was a stalker in the store, who was ejected. DECISION Buchanan sued the store for invasion of privacy for "parading" him before the media and for false arrest. The trial court dismissed the case Buchanan appealed. Decision Reversed. Arresting Buchanan and evicting him from the store was potentially tortious conduct. The security manager simply told the deputies he wanted Buchanan arrested. He did not provide a reason other than he wanted him out of the store. His lawsuit may proceed. Could he sue for defamation? ...
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This note was uploaded on 04/17/2008 for the course ACCT 2701 taught by Professor L.phillips during the Winter '08 term at CSU East Bay.
- Winter '08