TORTS

Monday, May 15 and 22, 2017

Torts
o A civil wrong; a sin
o A person can be tried in criminal court and civil court for the same act
Criminal Cases-prosecuted by state in criminal courts.
Proof Standard-Beyond a Reasonable Doubt
Tort-victim may maintain a civil suit against the accused for the same criminal act in civil
court.
Proof Standard-Preponderance of Evidence
Forms of Tort
o Strict Liability-a person engages in an activity that poses serious risk of harm to community. The
person is strictly liable for injuries resulting from such activity despite precaution taken.
Ex: kid trespassed to a mans property where a dog mulled the kid; dog was dangerous;
the man is strictly liable
o Intentional Tort-Reckless Conduct. Conscious indifference to a known and substantial likelihood
of injury to another and injury to another results from said conduct.
o Negligence-a person owes a duty to exercise a standard of care in relating to others in the
community, if a person breaches the standard of care and the breach actually and proximately
causes injury to another, the person is liable even though there is not intent to cause harm.
o Nuisance-unreasonable interference in ones use and enjoyment of their property
Sexual Harrassment
o But for Gender causes the harassment
o Harassment must be hostile and Offensive, nonconsensual, occur over an extended period of
time, occur a number of times, affect work productivity, result in damages
o Classification: Hostile Environment-Co employee Harassment
o Employer is not liable if steps are taken to abate the harassment
o Quid Pro Quo-One party has a dominant position over another
o Strict Liability
Forms
o Intentional Torts Against Person
Battery-the harmful or offensive touching of another without consent
Must be Touching, No Consent
Assault-causing a person to have a reasonable apprehension of a battery
False Imprisonment-unlawful confinement, detention or denial of movement where the
victim is aware of the confinement and is against the victims will.; Unlawful
Confinement; Victim must be aware
Intentional Infliction of Emotional Distress-a person engages in outrageous behavior
(well beyond social norms) with the intent to cause emotional distress and emotional
distress results from outrageous behavior
Must show loss such as medical bills; Sexual Harassment evolved from this
tort against person

o Intentional Torts Against Property

Trespass-unlawful and unjustifiable entry onto the property of another
Physical Entry Causing objects to unlawfully enter; Could apply to environmental
issues such as smog, water contamination, sound, smoke
Trespass to Chattel- Joy Riding-with intent to return car; Borrowing an object but does
not return object when required
Conversion - Destroying a good; No intent to return after borrowing object
o Intentional Torts Against Personality
Elements-LECDD (QTAC)
Person must be a living person
Words must affect that persons social esteem
 TORTS

Words must be communicated to the public

Damages must result from the words (Economic Loss not loss of friends)
No Available Defenses
o Qualified Privilege-Dissemination of words serves a socially legitimate
purpose and no intent to harm
o Mistakes in letters of recommendation or evaluation
o Truth-Truth is a complete defense
o Absolute Privilege-statements made in legislative, judicial or executive
proceedings
o Constitutional-Must show that the press knew the information was false
but nonetheless published information with the sole intent to harm
Forms
Defamation false statement about a person
Invasion of privacy
o Misappropriation of a Persons Name or Likeness-unauthorized use of a
person name or likeness for commercial exploitation
o Public Disclosure of a Private Fact-public disclosure of private facts
where a person knows that there is an obligation to keep confidential
o Intrusion Upon Seclusion-the use of invasive technology to publicly
disclose activities where a person made a effort to keep nonpublic
o False Light-making public information that causes severe public
embarrassment to the victim to the extent that the victims peer group
abandons the victim

o Intentional Torts Against Business

Intellectual Property (DARTIFDL)

o Definition-investment of human resources to create or invent something that is unique, original,
novel or non-obvious that has commercial value
o Acquisition
Article I, Section 8 clause 8-to promote the Progress of Science and useful Arts, by
securing for limited times to authors and inventors the exclusive right to their respective
writings and discoveries
o Rights-Exclusive and Monopolistic Use of Intellectual Property. Absolute Control
o Transfer-written agreement where owner will transfer rights to another with certain restriction and
quality control
o Infringement-unauthorized use of ones intellectual property; Must Establish Ownership and
Unauthorized Use
o Forms
Copyright-original work reduced down to a tangible means of expression and is the
product of authorship
Patent-a machine, manufacture, composition of matter, equipment, computer programs,
business plans and any improvement thereof which has utility, is novel non-obvious and
has commercial value
Trademark-a mark, logo, name, combination of colors or any combination of above
which is unique and distinguishable, where the owner intends to use the mark in the
marketplace, and there is actual use in the marketplace, which distinguishes the owners
good or service from that of his/her competitor and identifies the source of the good
o Trade Secret-provides the owner of a competitive advantage over that of his/her competitor
o Defenses
o Laws
Digital Millennium Copyright Act
 TORTS

Cannot Circumvent Security Measures

Cannot Interfere with the Management System
Can circumvent for research and educational purposes
Internet Service Providers are immune-booksellers.
Web Sites are Publishers
o Anti Dilution Act-cannot blurr or tarnish a famous mark
o Anti Cybersquatting Act-cannot acquire a famous mark on the internet for non commercial
purposes
o Computer Abuse and Fraud Act-accessing information on computer without authorization,
exceeding authorization, access with intent to commit fraud, knowingly damaging computer,
knowingly traffic passwords, extortion
o Economic Espionage Act-theft of trade secret
o Electronic Communication Privacy Act-unlawful interception of electronic communications
o Child On Line Protection Act-knowingly placing obscene material on the internet which is
easily accessible to children
o E-signature Act-validating electronic signatures
o Uniform Electronic Transaction Act-contracting on the Internet
Nuisance-unreasonable interference in ones use and enjoyment of land. The original environmental
protection law.
o Form
Private Nuisance-individuals maintain the nuisance actions
Public Nuisance-community injured in general, nuisance action brought by local
government
o Cause of Action-to maintain a cause of action, plaintiff must allege
Trespass-defendant caused smog, smoke, sounds, smells, toxics to enter plaintiff, land
Negligence-defendant did not use the available technology to abate the nuisance
Strict Liability-defendant engaged in known dangerous activity that caused harm (toxic
chemicals)
Effectiveness-nuisance law was ineffective in protecting the environment
Local Government reluctant to sue polluting business because would affect local
economy and cause unemployment because business would leave
Courts reluctant to grant damages because in applying equitable standards, the court had
to balance the hardships in terms of damage to the environment to the damage to the
economy