leb.pp.8 Intentional

leb.pp.8 Intentional - Chapter 8 Chapter Torts Intentional...

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Unformatted text preview: Chapter 8 Chapter Torts Intentional Torts Intentional P must prove D’s state of mind (deliberate D’s deliberate wrongdoing): 1. D wanted to bring about the wanted consequences of his/her act, or 2. D knew with substantial certainty that the knew consequences would follow from the act Intentional Torts Intentional A. False Imprisonment A. False “Shopkeeper’s Privilege” Defense: ii. Reasonable grounds to believe that P . Reasonable stole, ii. P detained in a reasonable manner, reasonable and iii. P detained for a reasonable period of reasonable time Intentional Torts Intentional False Imprisonment Cook v. Des Moines Chrysler Plymouth Cook False imprisonment? Yes, P wins. Yes, Fojtik v. Charter Medical Fojtik Good defense? Yes, P not restrained … free to leave at not free any time. Summary judgment for D. Intentional Torts Intentional Moore’s v. Garcia False imprisonment? Yes, P wins. D’s actions were not Yes, not reasonable. reasonable. Henry v. J.C. Penney Good defense? Yes, P loses. D’s actions were Yes, reasonable. reasonable Intentional Torts Intentional Wal-Mart v. Rodriguez Liability for failure to disclose? No. Although Texas recognizes No. “instigation of false imprisonment” (D caused imprisonment, even if no participation in imprisonment), P must show D directed or requested imprisonment (D’s bad intent or requested recklessness) … negligence not enough recklessness negligence Intentional Torts Intentional B. Tortious Interference with Business Relationship Relationship 1. Interference with existing contract existing b. Intentional act Intentional D knows of contract and actively knows induces breach of contract (or makes performance of contract impossible or more burdensome) Intentional Torts Intentional B. Tortious Interference with Business Tortious Relationship Relationship 2. Interference with prospective contract prospective a. Reasonable probability Reasonable Reasonable expectation of Reasonable economic advantage economic b. Intentional/independently tortious or Intentional/independently unlawful act unlawful Examples: misrepresentation, defamation defamation Intentional Torts Intentional B. Tortious Interference with Business Tortious Relationship Relationship 2. Interference with prospective contract prospective b. Conscious desire/malice Conscious When contract is not yet in existence, P has a higher burden of proof: malice (D’s ill will) of Intentional Torts Intentional Tortious Interference with Business Relationship Defenses a. Competition b. Justification Contract provision often exists, protecting D’s legitimate interest c. Manager’s Privilege Manager acting in best interest of Manager company (impersonal/disinterested motive) motive) Intentional Torts Intentional Pennzoil v. Texaco Yes, Pennzoil won. Texaco liable even though Yes, even Getty initiated talks and may not have understood legal effect of an “agreement in principle.” principle.” Archives of America v. Archive Litigation No, D has strong competition defense (at-will No, contract) contract) Intentional Torts Intentional Walner v. Baskin-Robbins Ice Cream P lloses; justification defense upheld (D oses; defense had good business reason to veto sale) good Bonenberger v. Continental Ins. Co. P lloses; manager’s privilege defense oses; defense upheld (no malice in firing nurse) upheld ...
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