Business law exam 3, set 1

Torts
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Terms in this set (20)
Torts
A civil wrong for which the law provides damages
3 ways for businesses to be involved in a tort
1) Independent harmed by a business or it's employee
2) Independent harmed by a product which is manufactured or distributed by a business
3) Business to be harmed by the actions of another business or an individual
Types of intentional torts w/ regard to personal rights
1) assault
2) battery
3) wrongful or false imprisonment
4) Wrongful or emotional distress
5) invasion of privacy
6) malicious prosecution
7) defamation
8) workplace definition
Assault
someone intentionally put another person reasonably in fear of immediate injury
Battery
Unlawful touching of another person (contact)
- No physical injury is required
*Defenses: make sure your defense is reasonable to action against you; self defense, implied consent (as in football), or privilege to batter
Wrongful or false imprisonment
Intentionally prevents someone from moving around (kidnapping)
- have to have knowledge of it, could be just words
wrongful or emotional distress
Commits conduct so outrageous that it causes severe emotional distress
invasion of privacy
If someone invades your privacy
Ex: peeping Tom
malicious prosecution
Someone uses legal system to go against someone w/ the intent to harm
ex: lawyer files a suit against someone who has to go get a lawyer to defend themselves
Defamation
Someone communicates false information to someone in a third party or in hearing of a 3rd party which results in harming someone's reputation
* slander -spoken
* libel - written
MUST: be false, damage reputation, must be communicated to a third party.
workplace defamationfalse information communicated by a former employer about a former employee that keeps them from getting a jobProperty torts1) trespass to real property 2) nuisance 3) conversion 4) trespass to personal propertytrespass to real propertyReal property is land or anything affixed to it. Someone intentionally intrudes on a property without permission when they knew or should have known that they had no right to be there. Know (sign or told); should have (fence). Exemptions - if your property goes on their property (lost dog) Trespassing by initially being on the property legally, failing to leave when asked to do so.NuisanceInvolves interference with the use and enjoyment of your real property (noise). a) Private - civil b) public - criminalConversiontaking it or exercising control over it without your consent stealing - criminal conversionTrespass to personal propertydon't take the property, you interfere with the use of it (parking behind someone's car). Intentionally interferenceBusiness torts1) disparagement 2) interference w/ contractual relationship 3) interference with business relationshipDisparagementSomeone or another business communicates false information about another business or it's products with the intent to get people to not do business with that businessInterference w/ contractual relationshipThird party interferes to try to get one of the two to do business with him. MUST - Contract in existence - Defendant has to know about contract - Defendant has to intentionally interfere with itInterference with business relationshipTo prevent predatory behavior by another business; one business tries to kill another business. Walmart - sued most