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14 Cards in this Set
- Front
- Back
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Tort
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A violation of the duty of a civil law.
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Defamation
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TORT
-false statement -2 types: Slander (Spoken) and Libel (Written) |
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Requirements to be Defamatory Statement
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TORT
-Defamatory Statements -false -communicated -injury *opinions cannot constitute defamation *must show malice as to public figures *must only show negligence for private individuals |
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False Imprisonment
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TORT
The intentional restraint of another without reasonable cause (note shoplifting cases) |
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Intentional Infliction of Emotional Distress
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TORT
Extreme or outrageous conduct that causes serious emotional harm |
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Battery
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TORT
-the intentional touching of an individual in a way that is unwarranted or offensive |
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Assault
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Doing some act to make a person fear imminent battery
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Trespass
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TORT
-intentionally entering land that belongs to someone else or remaining on land after being asked to leave |
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Conversion
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taking someone else's property without consent
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Fraud
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Deception
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Business Torts
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i. Tortious interference with contrast
ii.privacy and publicity commercial exploitation intrusion |
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Four Elements of Tortious interference with contrast
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1. contract between plaintiff and a third party
2. defendant knew of the contract 3. defendant improperly induced the third party to breach the contract or made performance of the contract impossible 4. there was injury to the plaintiff. |
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Intrusion
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A tort if a reasonable person would find the invasion of his/her private life offensive.
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Commercial Exploitation
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this right prohibits the use of someones likeness or voice for commercial purposes.
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