Chapter 08 Tort Law McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.

Tort (Definition): A civil wrong giving the injured party the right to bring a lawsuit against the wrongdoer to recover compensation for the injuries 8-2

Goals of Tort Law Compensate innocent injured persons Compensate innocent injured persons Prevent private retaliation by injured parties Prevent private retaliation by injured parties Reinforce vision of a just society Reinforce vision of a just society Deter future wrongs Deter future wrongs 8-3

Classification of Torts Intentional Torts—Occur when defendant takes action intending that certain consequences will result, or knowing they are likely to result Intentional Torts—Occur when defendant takes action intending that certain consequences will result, or knowing they are likely to result Negligent Torts—Occur when defendant fails to act in a responsible way, subjecting others to an unreasonable risk of harm Negligent Torts—Occur when defendant fails to act in a responsible way, subjecting others to an unreasonable risk of harm Strict Liability Torts—Occur when defendant undertakes an “inherently dangerous” action, causing harm to others Strict Liability Torts—Occur when defendant undertakes an “inherently dangerous” action, causing harm to others 8-4

Intentional Torts (Against Persons) Assault Assault Battery Battery Defamation Defamation Invasion of Privacy (“false light,” public disclosure of private facts, misappropriation for commercial gain, and intrusion on an individual’s affairs) Invasion of Privacy (“false light,” public disclosure of private facts, misappropriation for commercial gain, and intrusion on an individual’s affairs) False Imprisonment False Imprisonment Intentional Infliction of Emotional Distress Intentional Infliction of Emotional Distress Misuse of Legal Procedure Misuse of Legal Procedure 8-5

Intentional Torts (Against Property) Trespass to Realty Trespass to Realty Private Nuisance Private Nuisance Trespass to Personal Property Trespass to Personal Property Conversion Conversion 8-6

Intentional Torts (Against Economic Interest) Disparagement Disparagement Intentional Interference With Contract Intentional Interference With Contract Unfair Competition Unfair Competition Misappropriation Misappropriation Fraudulent Misrepresentation Fraudulent Misrepresentation 8-7

Damages Available in Tort Cases Compensatory Damages: An award that puts plaintiff in same position he/she would have been in had tort not occurred Compensatory Damages: An award that puts plaintiff in same position he/she would have been in had tort not occurred Nominal Damages: A minimal amount that signifies defendant’s behavior was wrongful, but caused no harm Nominal Damages: A minimal amount that signifies defendant’s behavior was wrongful, but caused no harm Punitive Damages: Damages that punish defendant, seeking to deter such conduct in the future Punitive Damages: Damages that punish defendant, seeking to deter such conduct in the future 8-8