1. Current Event – Addie Co-Ops

2. Torts Start here on week 5 cover remedies Kubert v. Best, p. 228
Examples of
Product Warnings
Product Warranties
Kubert v. Best, p. 228
Driver hit motorcycle causing serious injury – both motorcycle driver and passenger lost their legs.
Driver was texting at the time. Is driver liable?
Person texting driver knew driver was texting. Is that person liable?
Is the car company liable?
Is cell phone company liable?
Would the owner of the car be liable if different from the driver?
Start here on week 5 cover remedies

3. Elements of an Intentional Tort
Elements - Intentional torts require the plaintiff to prove:
Intent – actual, implied or transferred.
Voluntary act by the defendant.
Causation.
Injury or harm.
Defenses
Consent: If the plaintiff consented to the act of the defendant, there is no tort. Even if the plaintiff did not explicitly consent, the law may imply consent.
Self-defense or defense of others: may also absolve the defendant of liability.

4. Intentional Torts – Assault and Battery
Other Examples?
Intentional Torts – Assault and Battery
Hockey sucker punch Todd Bertuzzi & Steve Moore 
Assault. Reasonable fear of immediate harm or offensive contact
Battery. Completion of act that caused apprehension
Defenses
consent
self-defense
defense of others
defense of property
Any intentional unexcused act that creates in another person a reasonable apprehension or fear of immediate harmful or offensive contact is an assault.
Assault: any intentional, unexcused act that creates in another reasonable person apprehension or fear of immediate harmful or offensive contact.
Battery: a battery is an unexcused, harmful, or offensive physical contact intentionally performed. The interest protected is the right to personal security and safety. The contact can be to any part of the body or anything attached to it-- including an automobile in which one is sitting. The contact can also be made by some force that the defendant set in motion -- rock thrown.
Defenses:in defense of property reasonable force, but not force likely to cause death or great bodily injury
False Imprisonment: False imprisonment is the intentional confinement or restrain of another person without justification.
Emotional Distress. -- witnessing a horrible accident. Cable car case -- Ballinger v. Palm Springs Aerial Tramway. Part of tram broke away and crashed through car injury one person and splashing blood and glass on others. - summary judgment denied
invasion of privacy - using a person’s name or picture for commercial, intruding into an individuals affairs (eavesdropping by wiretap), publishing info that places in false light, publicly disclosing private facts. On 16th February 2004, during a Vancouver-Colorado game, Moore injured Canucks team captain Markus Näslund by checking him in the head area while Näslund was reaching for a puck ahead of him with his head down. No penalty was called on the play, but Näslund suffered a concussion and a bone chip in his elbow as a result of the hit, and missed three games. Moore's hit on Näslund drew much criticism from the Canucks and their fans, but the NHL ruled that the hit was not illegal and did not fine or suspend Moore. Canucks head coach Marc Crawford and general manager Brian Burke publicly criticized the non-call by the referees on the incident. Vancouver players indicated that they would get even with Moore, with left winger Brad May stating that he would put a bounty on Moore's head.
During the next game between the Canucks and Avalanche held in Denver, NHL commissioner Gary Bettman and NHL executive vice-president Colin Campbell attended the game, which ended in a tie and saw no major incidents break out.

5. Intentional Torts – False Imprisonment
Janet Asay v. Albertsons
Albertson’s asked its employee Asay to a conference room.
In the conference room she was accused of eating food that was expired. She was told she could not leave or should would be fired.
The door was not locked but an Albertson’s employee sat between her and the exit.
After three hours she was fired and left.
She sued for false imprisonment.
Therese Ziemann
Sisters
Michelle Belliveau
Wendy Sewell
Any intentional unexcused act that creates in another person a reasonable apprehension or fear of immediate harmful or offensive contact is an assault.
Assault: any intentional, unexcused act that creates in another reasonable person apprehension or fear of immediate harmful or offensive contact.
Battery: a battery is an unexcused, harmful, or offensive physical contact intentionally performed. The interest protected is the right to personal security and safety. The contact can be to any part of the body or anything attached to it-- including an automobile in which one is sitting. The contact can also be made by some force that the defendant set in motion -- rock thrown.
Defenses:in defense of property reasonable force, but not force likely to cause death or great bodily injury
False Imprisonment: False imprisonment is the intentional confinement or restrain of another person without justification.
Emotional Distress. -- witnessing a horrible accident. Cable car case -- Ballinger v. Palm Springs Aerial Tramway. Part of tram broke away and crashed through car injury one person and splashing blood and glass on others. - summary judgment denied
invasion of privacy - using a person’s name or picture for commercial, intruding into an individuals affairs (eavesdropping by wiretap), publishing info that places in false light, publicly disclosing private facts.
Man’s Wife –
Name Withheld
Wisconsin Case from Summer 2009
Therese Ziemann lured the victim to the Lakeview Motel with the promise of a massage and tied him up and blindfolded him as part of the massage.
Two more women then emerged plus the man’s wife – all the women had a sexual relationship with the victim and were “scorned.”
He screamed for help and the women eventually fled.

6. Intentional Torts – False Imprisonment
Intentional confinement
Without justification
Defenses
probable cause
reasonable manner/time
Any intentional unexcused act that creates in another person a reasonable apprehension or fear of immediate harmful or offensive contact is an assault.
Assault: any intentional, unexcused act that creates in another reasonable person apprehension or fear of immediate harmful or offensive contact.
Battery: a battery is an unexcused, harmful, or offensive physical contact intentionally performed. The interest protected is the right to personal security and safety. The contact can be to any part of the body or anything attached to it-- including an automobile in which one is sitting. The contact can also be made by some force that the defendant set in motion -- rock thrown.
Defenses:in defense of property reasonable force, but not force likely to cause death or great bodily injury
False Imprisonment: False imprisonment is the intentional confinement or restrain of another person without justification.
Emotional Distress. -- witnessing a horrible accident. Cable car case -- Ballinger v. Palm Springs Aerial Tramway. Part of tram broke away and crashed through car injury one person and splashing blood and glass on others. - summary judgment denied
invasion of privacy - using a person’s name or picture for commercial, intruding into an individuals affairs (eavesdropping by wiretap), publishing info that places in false light, publicly disclosing private facts.

7. Intentional Torts – Intentional Infliction of Emotional Distress
Dennis Rodman
Rodman while playing craps at the Mirage Hotel in Las Vegas rubbed the dealer’s bald head for good luck.
Dealer sued for intentional infliction of emotional distress. This action caused him “embarrassment, indignity, degradation, and anger.”
Any intentional unexcused act that creates in another person a reasonable apprehension or fear of immediate harmful or offensive contact is an assault.
Assault: any intentional, unexcused act that creates in another reasonable person apprehension or fear of immediate harmful or offensive contact.
Battery: a battery is an unexcused, harmful, or offensive physical contact intentionally performed. The interest protected is the right to personal security and safety. The contact can be to any part of the body or anything attached to it-- including an automobile in which one is sitting. The contact can also be made by some force that the defendant set in motion -- rock thrown.
Defenses:in defense of property reasonable force, but not force likely to cause death or great bodily injury
False Imprisonment: False imprisonment is the intentional confinement or restrain of another person without justification.
Emotional Distress. -- witnessing a horrible accident. Cable car case -- Ballinger v. Palm Springs Aerial Tramway. Part of tram broke away and crashed through car injury one person and splashing blood and glass on others. - summary judgment denied
invasion of privacy - using a person’s name or picture for commercial, intruding into an individuals affairs (eavesdropping by wiretap), publishing info that places in false light, publicly disclosing private facts.
“God Hates You”
“You are going to hell”
Supreme Court heard arguments on intentional infliction of emotional distress case

8. Intentional Torts – Intentional Infliction of Emotional Distress
Intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress
Indignity or annoyance alone is not enough
Any intentional unexcused act that creates in another person a reasonable apprehension or fear of immediate harmful or offensive contact is an assault.
Assault: any intentional, unexcused act that creates in another reasonable person apprehension or fear of immediate harmful or offensive contact.
Battery: a battery is an unexcused, harmful, or offensive physical contact intentionally performed. The interest protected is the right to personal security and safety. The contact can be to any part of the body or anything attached to it-- including an automobile in which one is sitting. The contact can also be made by some force that the defendant set in motion -- rock thrown.
Defenses:in defense of property reasonable force, but not force likely to cause death or great bodily injury
False Imprisonment: False imprisonment is the intentional confinement or restrain of another person without justification.
Emotional Distress. -- witnessing a horrible accident. Cable car case -- Ballinger v. Palm Springs Aerial Tramway. Part of tram broke away and crashed through car injury one person and splashing blood and glass on others. - summary judgment denied
invasion of privacy - using a person’s name or picture for commercial, intruding into an individuals affairs (eavesdropping by wiretap), publishing info that places in false light, publicly disclosing private facts.

9. Intentional Torts - Invasion of Privacy
Invasion of Privacy: violation of the right
to keep personal matters to oneself.
Intrusion: objectionable prying.
Public disclosure of private facts.
Appropriation of a person’s name or likeness.

10. Appropriation Weatherproof Garment Company
Confirmed it was their coat with a magnifying class and saw the logo and zipper pull.
Company issued a press release? Ok?
Put up a billboard in Times Square

12. Student Debate RIM (15) v. (16) Government(s)

13. Intentional Torts - Defamation
Defenses
privileged
Absolute
lawyers in court
Legislators on floor in debate
Qualified – Public Figures
actual malice
knowledge of falsity or a reckless disregard for the truth
Defamation
Slander – oral
Libel - writing
Publication
Per Se
improprieties in trade
Any intentional unexcused act that creates in another person a reasonable apprehension or fear of immediate harmful or offensive contact is an assault.
Slander - oral
libel in writing
Publication - other than the defamed party. Dictating a letter to a secretary is enough. Or if people overhear it it is enough.
Privilege - absolute - attorney and judges -- legislators
qualified -- job recommendation written evaluations Generally, if a communicated statement are made in good faith and the publication is limited to those who have a legitimate interest in the communication, the statements will fall within qualified privilege
actual malice: statement made with knowledge of falsity or a reckless disregard for the truth.
McClune v. Neitzel -- accused of having aids -did not $25,350 sleeplessness, lethargic, resigned from job
Defamation – 1 minute on how to insult someone
Carl Sagan
Butt-Head Astronomer. After Sagan complained Apple stopped using his name as a code name for a new computer, Apple changed the code name to “Butt-Head Astronomer” Sagan sued

14. Seinfeld Sued for Defamation
Cookbook. Seinfeld’s wife wrote a cookbook
Copyright Lawsuit. Lapine says Seinfeld’s wife stole the ideas from Lapine
Letterman Show. Seinfeld went on Letterman and when asked about this Seinfeld said:
"Wackos will wait in the woodwork to pop out at certain moments of your life to inject a little adrenaline into your life experience," Seinfeld quipped, adding that Lapine uses three names, not unlike James Earl Ray or Mark David Chapman.”

15. Fraud Misrepresentation
False or incorrect statement
intentional deceit usually for personal gain
intent to induce another to rely on the misrepresentation
justified reliance
damages
causal connection
More than Puffery or seller’s talk.
Requires a statement of fact -- a subjective opinion is not enough. I am the best attorney in town.
Puffery – “World’s Greatest Plumber”, Hush Puppies“The Earth’s Most Comfortable Shoes”
Bayer “The World’s Best Aspirin” Pizza Hut “Best Pizza Under One Roof” but Papa John’s
“Better Ingredients, Better Pizza” – must state that it does not have better dough or sauce.
“The bigger the lie, the bigger the protection. That’s amazing.”

16. Wrongful Interference with Contractual Relationships
Joanna Wagner Case (singing)
A valid, enforceable contract must exist
A third party must know that this contract exists
This third part must intentionally cause one of the two parties to the contract to break the contract, and must be for the purpose of advancing the economic interest of the third party
Inside Story – Pennzoil v. Texaco
Pennzoil entered into a Memorandum of Agreement to buy Getty Oil – approx $110 share
Texaco came in at the last minute and paid $125 a share.
Pennzoil sued Texaco for wrongful interference with a contractual relationship (a tort)
Note- Citigroup entered into a letter agreement to buy Wachovia for $1 share (encouraged by the US government) and Wells Fargo came in at the last minute and paid $7 share)

17. Interference with a Prospective Business Advantage
Unreasonable interference by one party with another’s business relationship.
Three elements:
An established business relationship
A third party, by use of predatory methods, intentionally causes relationship to end
Plaintiff suffered damages

18. Defenses to Wrongful Interference
Defenses to claims of wrongful interference include bona fide competitive behavior such as:
Aggressive marketing
Effective advertising
Superior products

19. Intentional Torts against Property
Trespass to land— the entry onto, above, or below the surface of land owned by another without the owner’s permission or legal authorization.
guest
attractive nuisance
reasonable duty of care
Defenses – trespass warranted, license to enter
Trespass to personal property— the unlawful taking or harming of another’s personal property.
Conversion— the wrongful taking or retaining possession of a person’s personal property and placing it in the service of another.
Nuisance: a non-trespassory interference with the use or enjoyment of the property

20. Negligence

21. Debate End-of-Chapter Q: 10.8 (10) girlfriend v. (1) Ron’s Guns

22. Duty of Care
The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others.
“reasonable person standard,”
WaLTER DRIVING EXAMPLE he is driving on a one-way street at the speed limit when a boy jumps out to scare walter and impress his friends. Walter hits him. Not liable he was fulfilling his duty of care.
Next intersection he honks three times just in case and a women dies of a hart attack from the horn. NO duty not to honk
Walter takes Paula’s typewriter because he thinks he is entitled to hit - no crime but a tort.
Walter is dying, Paula refuses to donate blood to save him. NO tort or crime.
8-3 B --

23. Proximate Cause Causation of Fact “But For” Causal Connection:
Skip
Causation of Fact “But For” Causal Connection:
Actual Cause.
Proximate Cause (Zone of Danger or Foreseeable Consequences).
connection between act and injury.
Palsgraf v. Long Island Railroad
Causation - BUT FOR Proximate cause -- foreseeability

24. The Injury Requirement and Damages
legally recognizable injury.
Damages awarded in tort lawsuits include:
Compensatory damages—a money award equivalent to the actual value of injuries or damages sustained by the aggrieved party.
Punitive damages—money damages that may be awarded to a plaintiff to punish the defendant and deter future conduct.

25. Defenses to Negligence
Assumption of Risk
knowledge
voluntary assumption
Contributory Negligence: If Plaintiff is negligent at all, he recovers nothing.
Comparative Negligence: Plaintiff recovers in proportion of his loss attributable to his negligence.
Southwest gas from law and politics 11 year old boy and his father walking home from the video store - hit by a rolls royce, boy killed, found the driver and he was impaired. It was a hit and run. Southwest Gas 75% negligible
8million

26. Negligence: Breach of Duty
Res Ipsa Loquiter: allows the plaintiff to prove breach of duty and causation indirectly.
Per Se. An action or failure to act in violation of a statutory requirement. The injured person must prove:
That the statute clearly sets out what standard of conduct is expected, when and where it is expected, and of whom it is expected.
That he or she is in the class intended to be protected by the statute.
The statute was designed to prevent the type of injury that he or she suffered.
Professional Standard of Care

27. Case Problem 9.8, p. 252 Parking lot crime – is bar liable?
Pike Bar. Shawn Lester met a group of friends at a bar called “the Pike.”
Lester Beaten. While in the parking lot at approximately 2:00 a.m., Lester was beaten and stabbed by six men that got out of a car.
Lester Sues Bar for Negligence.
Additional Facts – for Lester. The Pike was located in a high crime area. Several fights had broken out in the parking lot. Police had been called to the area many times. The Pike had hired additional security.
Additional Facts – for the Pike. The Pike stated the stabbing was not forseeable. “No prior similar incidents.

28. Case Problem 9.6, p. 252 Drinking at employer event
Employer Seminar with Alcohol. Drinking at seminar sponsored by employer held at Ramada Inn.
End-of-Seminar – Left to Buy Cigarettes. He rear-ended another car causing injury.
Employer Liable?
Hypotheticals?
What if employer did not provide alcohol but did not stop it either?
What if employee stayed after event and drank on his own at the bar’s happy hour?

29. Extra Slides

30. Student Debate Pastsy Slone (x) v. Dollar Inn (x)
Not actual hotel