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Unformatted text preview: CHAPTER 12 CHAPTER TORTS INTRODUCTION INTRODUCTION Tort: Wrongful Conduct That Injures Another Tort: Person or Their Property Person Not: Breach of Contract Usual Remedy: Money Damages Civil Not Criminal Same Act May Be a Tort and a Crime DEFINITIONS DEFINITIONS Tortfeasor: One Who Commits a Tort Tortious Conduct: Conduct That Constitutes a Tortious Tort Tort CATEGORIES OF TORTS CATEGORIES Intentional Torts: Deliberate Acts That Cause Injury Injury Negligence Torts: Failure to Use Reasonable Negligence Care Care Strict Liability Torts: Legal Responsibility for Strict Injury Without Intent or Negligence Injury INTENTIONAL TORTS INTENTIONAL Intent: Tortfeasor Intended Consequences of act Intent: or knew with Substantial Certainty That Consequences Would Result Consequences ASSAULT AND BATTERY ASSAULT Assault: Intentional Unexcused Act That Creates a Assault: Reasonable Apprehension or Fear of Immediate Harmful or Offensive Contact Harmful Battery: Intentional Unexcused Harmful or Offensive Battery: Contact Contact Defenses to Assault and Battery Consent Self-Defense Defense of Others Or Property FALSE IMPRISONMENT FALSE Definition: Intentional, Unjustified Definition: Confinement or Restraint of Another Person Confinement Example: Shoplifting Merchant’s Privilege Detain Suspected Shoplifters Probable Cause Reasonable Time, Force, Manner INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS EMOTIONAL Elements Extreme, Outrageous Intentional Conduct Resulting in Severe Emotional Distress More Than Mere Insults, Indignities or Threats DEFAMATION DEFAMATION Types: Libel/Slander Elements Publication Untrue Statement That Holds a Person’s Character or Reputation up to That Ridicule or Contempt Ridicule Publication: Making Untrue Statement Known Publication: to a Third Party to DEFENSES TO DEFAMATION DEFENSES Truth Is Absolute Defense Privilege-Absolute Privilege-Absolute Attorney/Judge in Court Room Legislators in Session Employee’s Written Evaluation Privilege-Qualified (Good-Faith) ...
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This note was uploaded on 05/19/2011 for the course BESINESS 213 taught by Professor Streve during the Spring '11 term at Missouri State University-Springfield.

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