Exam 3 Review.docx - Exam#3 Review tort \u2013 a civil wrong or harm other than a breach of contract for which the law provides the injured party a remedy

Exam 3 Review.docx - Exam#3 Review tort – a civil wrong...

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Exam #3 Reviewtort– a civil wrong or harm, other than a breach of contract, for which the law provides the injured party a remedy for the loss sustained.Intentional Torts A.Assault and Battery Assault arises when there is an interest (right to freedom from fear) that is needed to be protecteddoesn’t require physical contactintentional act that causes a threat of immediate bodily injury that arouses an apprehension of contact Battery interests protected? freedom from contact that is not invited or permittedintentional act that causes harmful/offensive contact to the body of the other D has to know that the contact will offend/hurt you transferred intent: if you intend to hurt but miss/hurt someone less. apprehension = fear,concernMcCraney v. Flanagan(civil case) sues for assault, drank alcohol and intercourse, p did not remember any of it no evidence of apprehension (fear, objection on her part) held: no assault (apprehension) Caudle v. Betts played around with condenser, Betts takes condensers and touches Caudlechases Caudle around, suffers serve headaches/fainting spellsexception to worker comp bar: if employer INTENTIONALLY hurts you D’s defense: did not mean to hurt him eggshell plaintiff rule: you take your victims as you find the allocating risk to you intention need not be malicious; sufficient if actor intends to inflict either harmful or offensive contact without the other’s consent DefensesA. Consent Cole v. Department of Safetyprison guard exercise, yells code work but guards keeps swinging, severely injuredsues employer for battery, defense: he agreed/consented held: no consent forms, only consented a little bit of damage, did not reasonably anticipate damage
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Hackbart v. Cincinnati BengalsBoobie Clark of Bengals throws blow at HH has a broken neck and sues them, defense signed up for this stuff – footballheld: consent not granted, favor for, no other cases like this B.Privilege self-defense (and defense of others) General rule: can use force that is reasonable underneath the circumstances B. Defamationfalse communication that tends to lower P’s reputation of others types of defamation a.slander = oral/soundb.libel = written/depiction/sight elementsa.D published a statement of fact Lewis v. Equitable Life Assurance P asked to cover up business mistake made by employee P refused to change expense reports, fired for insubordinationP sued for ELA for defamation, defense: P told employers Equitable never told employer anything, P said they have no choice to tell them the truth held: judgement for P, Doctrine of Compelled Self Pub., if defamed person compelled bycircumstance to disclose statement, and D foresees this, then D is deemed to have published statement (not rule in tx) b.statement referred to P c.statement was defamatory: -false, and -likely to insure P’s reputation d.D acted with -
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  • Spring '08
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  • The Land, emotional distress,  D

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