torts - Tort Law wrong/injury to another person other than...

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Tort Law : wrong/injury to another person other than a breach of contract - primary objective to provide compensation to injured party - maintains order in society while prevent private retaliation - gives citizens feeling of living in a just society - primarily state law - 3 classifications (1) Intentional Torts - intent to engage in an activity that results in injury, physical/economic harm - no need to establish motive when proving liability - general theory of intentional tort liability - aids judges in decision making - 3 types intentional torts - Torts against persons: harm persons physical/mental integrity - assault and battery - assault: one person places another in fear/apprehension of immediate/offensive bodily contact - test for assault involves reasonable apprehension and immediacy - battery: intentional/unwanted bodily contact - defenses include self-defense/ defense of others and property and consent - can not respond in greater force then used against you - defamation: intentional publication of false statement to harm persons reputation as well as anyone who republishes it is liable - permanent forms such as TV/radio called libel, general damages presumed - orally its called slander, plaintiff must prove “special damages” (monetary lose) - slander per se statement don’t need proof of special damages - claimed to have communicable disease, committed a crime requiring imprisonment, professionally incompetent, woman is accused of sexual misconduct - Communications Decency Act 1996: addresses defamation over the internet - person accused of defamation can raise 2 defenses - (1) truth : absolute defense- if statement is true can’t be held liable even if damages were done - (2) privilege : affirmative defense- admits to accusation but argues there is a reason he/she should not be liable - absolute privilege : one can not be sued for defamation regardless of intent/ falsity of the claim - conditional privilege : party will not be held liable unless false statement was made with actual malice (knowledge of falsity/ reckless disregard for the truth) - privacy torts - invasion of privacy torts: protect right to keep certain things out of public view - false light: publication is false or untruthful - public disclosure of private facts about a person: private fact that is publicized and could be highly offensive to the person
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