REVIEW FOR EXAM #3 1. In t entional torts (elements and defenses) (211-228) a. Assault and battery i. Assault - Right to freedom from fear ii. Battery - Freedom from contact that is not invited permitted b. Defamation - a false communication that tends to lower P's reputation in the eyes of others. c. False imprisonment - the wrongful detaining of another. d. Trespass to real property - any wrongful conduct that injures another’s real property e. Intentional infliction of emotional distress - act intended to cause severe emotional distress to another. f. Tortious interference with contract and with prospective business relationship i. Tortious interference with contract – There were K (things) that could be interfered with; there were willful and intentional interference; There was an act which was the approximate cause of damages; and actual damage or loss occurred. ii. Tortious interference with prospective business relationship - There was a reasonable probability that the parties would have entered into a business relationship, and independently tortious or unlawful act by D prevented relationship from occurring; D had “malice”: conscious desire to prevent relationship from occurring, or knew interference was certain or substantially certain to occur as result of D’s conduct; and P suffered actual harm or damage because of D's interference. 2. Contracts a. Definition- an agreement that a court will enforce. b. Remedies i. Money damages a) Expectation interest 1. Requirements to obtain There must be a measure of damages that is the “benefit of the bargain” (plus reasonably foreseeable incidental and consequential damages) 1
REVIEW FOR EXAM #3 2. Sub-types a) Direct damages b) Consequential damages c) Incidental damages b) Restitution interest i. When awarded/recoverable c)Reliance interest i. When awarded/recoverable ii. Mitigation of damages iii. Equitable remedies- Equitable remedies are typically granted when legal remedies or monetary compensation cannot adequately resolve the wrongdoing. It is often a requirement that legal damages be unavailable before a court will decide to issue equitable relief. a) Types i. Specific performance. ii. Account of profits. iii. Rescission. iv. Rectification. v. Equitable estoppel. vi. Certain proprietary remedies, such as constructive trusts. vii. Subrogation. viii. Injunction b) Requirements - Sometimes, the court will require specific performance from the breaching party, making the party do everything promised in the contract. c. Elements of the binding agreement i. Requirements of an offer a) Manifestation of intent to contract b) Reasonably definite indication of what offeror and offeree will do c)Requirements for communication ii. Termination of offer a) By parties i.
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