OutlineChapter7TortsProductsLiabilityWarranty

B battery intentional unwanted and offensive bodily

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b. battery: intentional unwanted and offensive bodily contact. Defenses to Battery: self-defense, defense of another, defense of property, consent. c. Defamation: intentional publication of a false statement that is harmful to the Plaintiff’s reputation. a. libel: publication of defamation in permanent form. b. slander: publication of defamation in spoken form. Defenses to Defamation: - truth - privilege i. absolute privilege: the right to make a false statement about someone and not be held liable for defamation. Example: speech before Congress, testimony in court. ii. conditional privilege: the right to make a false statement about someone and not be held liable for defamation provided the statement was made without malice. Example: public figure privilege. d. Public disclosure of a private fact: a privacy tort that consists of unwarranted disclosure of a private fact about a person. Ex: patients in abortion clinic. e. False Light: a privacy tort that consists of intentionally taking actions that would lead observers to make false assumptions about the person. Ex: Mitchell v Globe case: 101 year old pregnant. f. Appropriation: using a person’s name or likeness for commercial gain without permission. g. Invasion of privacy: encroaching on the solitude, seclusion, or personal affairs of someone who has the right to expect privacy. h. False Imprisonment: intentional restraint or confinement by force or threat of force of a person against that person’s will and without justification. g. Fraud: intentional misrepresentation of a fact, reliance by other party, and damages. Intentional Infliction of Emotional Distress 2. Intentional Torts Against Property a. trespass to realty: intentional entry upon or placement of someone on land of another without permission. b. trespass to personalty: intentionally exercising dominion and control over another person’s personal property. 2
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c. conversion: intentional permanent removal of property from the rightful owner. 3. Intentional Torts Against Economic Interests a. disparagement: intentionally defaming a business product or service. b. intentional interference with a contract: knowingly and successfully taking action for the purpose of enticing a third party to breach a a contract with the Plaintiff. c. unfair competition: entering into business for the sole purpose of causing loss of business to another firm d. misappropriation: use of an unsolicited idea for a product or service without compensating the originator of the idea.
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