BLRB07 - Business Law and the Regulation of Business...

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Unformatted text preview: Business Law and the Regulation of Business Regulation Chapter 7: Intentional Torts Chapter By Richard A. Mann & Barry S. Roberts Topics Covered in this Chapter Topics A. Harm to the Person B. Harm to Right of Dignity C. Harm to Property Harm D. Harm to Economic Interests D. Harm to the Person s s s s Battery – intentional infliction of harmful or offensive bodily contact. offensive Assault – intentional infliction of apprehension of immediate bodily harm or offensive contact. offensive False Imprisonment – intentional confining Imprisonment of a person against her will. of Infliction of Emotional Distress – extreme and outrageous conduct intentionally or recklessly causing severe emotional distress. recklessly Intent Intent Does defendant desire to cause consequences? Yes No Does defendant believe consequences are substantially certain to result? Intent Yes No No Intent Harm to the Right of Dignity Defamation – false communication Defamation that injures a person's reputation. that s Libel – written or electronically Libel transmitted defamation. transmitted s Slander – spoken defamation. Slander spoken s Defenses – truth, absolute privilege, Defenses conditional privilege, and constitutional privilege are defenses to a defamation action. action. s Invasion of Privacy Invasion s s s s Appropriation – unauthorized use of a Appropriation person's identity. person's Intrusion – unreasonable and offensive Intrusion interference with the seclusion of another. interference Public Disclosure of Private Facts – Public offensive publicity of private information. offensive False Light – offensive and false publicity False about another. about Harm to Property s s s s s s Real Property – land & anything attached Real to it. to Trespass – wrongfully entering land of Trespass another. another. Nuisance – a nontrespassory interference Nuisance with another's use and enjoyment of land. with Personal Property –property other than property land. land. Trespass – an intentional taking or use of Trespass another's personal property. another's Conversion – intentional exercise of control Conversion over another's personal property. over Harm to Economic Interests s Interference with Contractual Relations – with Contractual s s intentionally causing one of the parties to a contract not to perform. to Disparagement – publication of false Disparagement statements about another's property or products. products. Fraudulent Misrepresentation – a false statement, with knowledge of its falsity, intended to induce another to act. intended Intentional Torts Intentional Interest Protected Person Freedom from contract Freedom from apprehension Freedom of movement Freedom from distress Dignity Reputation Reputation Privacy Privacy Tort Battery Assault False imprisonment Infliction of emotional distress Defamation Appropriation Intrusion Public disclosure of private facts Public disclosure of private facts False light False light Misuse of legal procedure Misuse of legal procedure Trespass Nuisance Trespass Conversion Interference with contractual rights Disparagement Fraudulent misrepresentation Freedom from wrongful legal Freedom from wrongful legal actions actions Property RealReal Personal Personal Economic Contracts Contracts Goodwill Goodwill Freedom fromfrom deception Freedom deception Defenses to Intentional Torts s Consent – a person may not recover for Consent s injury to which he willingly and knowingly consents. knowingly Self-Defense – a person may take Self-Defense appropriate action to prevent harm to himself where time does not allow resort to the law. resort ...
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