Business Law

tort- civil wrong other than breach of contract

-great deal of overlap between civil tort and criminal wrong

- society is always a victim in criminal action.

difference between intentional tort vs. negligence

- possibly of recovering something other than compensatory damages. (intentional tort)

-one can only ask for punitive damages if conduct is an intentional wrong doing

Intent

1) actor engages in conduct desiring to cause the consequence.

2) actor engages in conduct whereby the consequences are virtually certain to follow.

3) Reckless conduct

4) Negligent conduct

- line drawn between 2 and 3 for punitive damages

INTENTIONAL CIVIL TORT

Assault

- nothing more than a mental intrusion

- knowledge is a necessary prerequisite.

- conduct that places her in the apprehension of immediate harmful or offensive bodily contact.

Battery

- conduct that directly or indirectly causes a harmful or offensive bodily contact

False Imprisonment

-intentional confinement within fixed boundaries if the victim is aware of or harmed by the confinement as long

as there exists no reasonable avenue of escape.

Shopkeeper's privilige

1) Probable cause - "reasonable suspicion"

2) detained in reasonable manner

3) for a reasonable time

Outrage

-intentional infliction of emotional distress

-conduct that is so outrageous in nature and extreme in degree as to be considered utterly intolerable in any civilized

society

- extremely new tort

Defamation

-embodies the communication of a false statement of face. Single 3rd party damages character of the victim.

a) slander- oral form of defamation

b) libel- written (broadcast) damages are presumed so only must argue general

general damages- what jury believes victim deserves

special damages- proven (must be proven) (health costs)

4 EXCEPTIONS TO SPECIAL DAMAGES FOR SLANDER

1) criminal- victim accused of being criminal or doing criminal behavior

2) woman in unchaste- accusing a...