Business LawChp6 - Business Law Chapter 6 intentional torts...

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Business Law Chapter 6: intentional torts and business torts - Tort – means wrong in French – a wrong, a violation of a duty imposed by the civil law. - When person breaks one of these duties and injures another it is a tort o Injury could be to a person or their property Ex: libel – written falsity - In tort cases unlike criminal cases, it is up to injured person aka plaintiff to seek compensation o Plaintiff has no power to send defendant to jail o Sometimes defendants commit crime where they will go to court where state prosecutes and they commit a tort where the they go to court if you press charges - Torts are different from contract cases, there is no deal. o The plaintiff in tort case claims that the law itself creates a duty that the defendant has breached - Torts divided into categories o Intentional torts – harm caused by deliberate action o Negligence and strict liability – injuries caused by neglect and oversight rather than deliberate conduct - Torts do not imply that someone intended to harm plaintiff, but rather the intentional part of these torts is simply the physical act. If defendant does something deliberately and it ends up injuring somebody, they are liable. o HARM is UNINTENDED INTENTIONAL TORTS Defamation - Law of defamation concerns false statements that harm someone’s reputation. o Defamatory statements can be written or spoken. Written defamation is libel. Oral defamation is slander. - There are 4 elements to a defamation case o Element – is a fact that a plaintiff must prove to win a case
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Defamatory statement – statement likely to harm another persons reputation Falseness – statement MUST be false to be defamatory Communicated – the statement must be communicated to at least one other person other than plaintiff Injury – in slander cases the plaintiff must show some injury. In libel cases, the law is willing to assume injury Since libel is written and can be proved easily, courts award damages even without proof of inquiry Opinion - Opinion is gen erally is valid defens e in a d efa m ation suit b ecause it cannot b e proven or false - Defa m ation over TV and Radio is labeled as libel – bec aus e plaintiff does not have to prove his cas e, bec aus e its well known by vast a udience. Public Personalities - Public officials and figures receive less att ention protection from defa m ation. - Public official – exa m ple is a police chief - Public figure – is a m ovie star, or a m ultimillionaire playboy const antly in the n ews - The only way a public official or public figure can win d efa m ation case is by proving actual m alice by the defend ant. o Actual m alice m e a ns that the d efend ant knew the st at e m e nt was false or act ed w reckless disreg ard of the truth.
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