The Law of Torts
06:02
Outcomes:
The goals of tort law
Damages available in tort cases
Classification of torts
Intentional torts
Negligent torts
Strict liability torts
Global dimensions of tort law
Tort
- an action that causes damage to another person
Businesses, because they have lots of money and can insure insurance with lots of
coverage
makes them a target for tort cases
How do insurance companies set their premiums?
Insurance companies in the business world require you to do all sorts of things that you
normally would not need to do.
Insurers are happy to do it because it lowers the insurance premiums
Types of Torts
Intentional Torts
Assault-intentional placing of a person in fear of apprehension of an immediate,
offensive bodily contact
Battery-intentional, unwanted, and offensive bodily contact
Self-defense
Defense of another
Defense of property
Defamation
Truth
Privilege, absolute congressional and courtroom speech)
Privilege conditional (speech concerning public figures or in
employment context)
Verbal
Written
Invasion of privacy
Waiver by plaintiff of right to privacy
False imprisonment
Posted warnings of observation
Intentional infliction of emotional distress
Shopkeepers’ privilege
Trespass to realty
Trespass to personality
Disparagement
Truth
Intentional interference with a contract
No knowledge of contract
Unfair competition
Misappropriation
Negligent torts
Strict liability torts
When does court want to help slander plaintiffs- Slander Per se
Defamatory remark states that the plaintiff has a disease
Has improprieties in the performance of his or her profession
Has committed or been imprisoned for a serious crime
An unmarried female is not chaste
Can’t have a defamation case based on what a politician says in congress
Absolute immunity (Absolute privilege)
Qualified immunity (conditional privilege)- As long as the statement was not made
with actual malice, the statement made about the figure in public matter
actual malice- the speaker knows the statement was false and with intention to harm
Can a business who has been defamed on a website sue?
Federal statute states that there is immunity for internet service providers
One must affirmatively plead the complaint in facts NOT speculation
Privacy Torts
Public disclosure of private facts- a privacy tort that consists of unwarranted disclosure
of a private fact about a person
False light-a privacy tort that consists of intentionally taking actions that would lead
observers to make false assumptions about the person
Ellen Johnston vs. One America Productions- the court ruled that it wasn’t apparent that
