Chapter 3 - Chapter 3 Tort Law Torts a wrongful act that...

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Chapter 3 Tort Law Torts – a wrongful act that results in harm or injury to another and leads to civil liability Damages – a monetary award sought as a remedy for a breach of contract or a tortious action Compensatory Damages – a monetary award equivalent to the actual value of injuries or damages sustained by the aggrieved party Punitive Damages – monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future Defense – a reason offered by a defendant in an action or lawsuit as to why the plaintiff should not recover or establish what they seek Intentional torts against person Intentional Tort – a wrongful act knowingly committed Tortfeasor – one who commits a tort Transferred Intent – a legal principle under which a person who intends to harm one individual, but unintentionally harms a different individual, can be liable to the second victim for an intentional tort Assault – any word or action intended to make another person fearful of immediate physical harm – a reasonably believable threat Battery – physical contact with another that is unexcused, harmful or offensive and intentionally performed Actionable – capable of serving as the basis of a lawsuit. An actionable claim can be pursued in a lawsuit or other court action Defamation – anything published or publicly spoken that causes injury to another’s good name To establish defamation, the plaintiff must prove o 1. The defendant made a false statement of fact o 2. The statement was understood as being about the plaintiff and tended to harm the plaintiff’s reputation o 3. The statement was published to at least one person other than the plaintiff o 4. In addition, if the plaintiff is a public figure, they must prove actual malice Libel – defamation in writing Slander - defamation in oral form Four types of Slander o Statement of another has disease o Committed improprieties while engaging in business o Imprisoned for serious crime o Engaged in serious sexual conduct Privilege – a special right, advantage, or immunity that enables a person to avoid liability for defamation Actual Malice- the deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth Invasion of Privacy; these four acts qualify as o Intrusion into individual’s affairs or seclusion o False Light – writing under false story
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