“Shopkeeper statutes”: prevents recovery for false imprisonment when shopkeepers have probable cause for suspecting theft Walmart v. Cockrell Karl Cockrell sued for false imprisonment after accused of shoplifting Trial court in favor of Cockrell, Walmart appealed Dorsey, Justice:
“Shopkeeper’s privilege” must be done in a reasonable manner, but Walmart was not reasonable about the search & confinement→ affirmed Security Alarms as One Way to Establish Reasonable Cause Estes v. Jack Eckerd Corp, court held alarm provided reasonable grounds to investigate shoplifting Trespass Elements P must establish: 1. Affirmative conduct by defendant 2. Intent to enter onto realty in possession of another 3. Resulting in actual entry Affirmative Conduct Must be on D’s own action Intent No intent of harm required Actual Entry Entry does not require body to touch property (ex. Throw rock) Bradley v. American Smelting and Refining → P must show actual damages to receive recovery with airborne particles/substances Renters have the right to sue for trespass Defenses Consent: tenant has landlord’s consent Legal right: easements (right to use someone’s property for limited purpose) Invasion of Privacy Intrusion D intrudes in area where P has reasonable expectation of privacy Disclosure of Embarrassing Private Facts Not defamation b/c facts are true; more like blackmail Invasion of privacy if it is (a) highly offensive to RPS and (b) not of legitimate concern to public False Light D makes statements/actions that would injure P’s reputation (good and bad statements) Like defamation, but instead compensation for shame or humiliation Appropriation of Name or Likeness (“Right of Publicity”) Using names/likeness without permission Intentional Infliction of Mental Distress Elements for proof: 1. D acts intentionally/recklessly 2. D’s conduct extreme 3. D’s action must cause P’s emotional distress 4. P’s emotional distress must be severe Can’t be used to evade freedom of speech
Fraud Fraud: intentional misleading of one person by another Conversion & Trespass to Personal Property Conversion: actionable invasion of personal property Trespass to personal property (trespass to chattels): covers minor invasion of personal property (eg. vandalism, computer hack-which is also a crime!) Nuisance Nuisance: protects enjoyment of property (eg. noises/smells) Special Problems Employer Liability Both employee and employer liable if employee acts within scope of employment at time of injury 3 Joint and Several Liability Joint: each D may be held responsible for entire loss caused to P, even if less at fault Business Torts Arise directly from competitive rivalry b/t businesses 2 areas of business torts: 1. Intentional Interference w/ Business Relationships (tortious interference) 2. Unfair Competition Intentional Interference w/ Business Relationships Elements
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- Spring '08
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