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Other Torts

Terms in this set (19)

Intrusion into Seclusion
Defendant unreasonably intrudes into Plaintiff's seclusion (zone of privacy). Intrusion must be highly objectionable to reasonable person. Damages include compensatory, and bad enough then punitive. BUT WATCH FOR 1A conflicts
Commerical Appropriation of Likeness or Identity
Unauthorized use of Plaintiff's name, voice, or likeness for Defendant's commerce advantage. Newsworthy purpose of Plaintiff's likeness or identity is exempt
Public Disclosure of Private True Facts
Plaintiff must prove disclosure of private facts that is highly offensive to reasonable person and and not newsworthy
Portrayal in False right
Plaintiff must show a publication, divulging false information that is highly offensive to reasonable person, and some level of fault
Malicous Prosecution (also wrongful institution of civil proceedings)
Criminal proceedings instituted by Defendants for an improper purpose and without probable cause, that terminate favorably for Plaintiff and cause Plaintiff damages. Plaintiff must prevail on merits
Abuse of Process
Exists where Defendant intentionally misuses a judicial process (civil or criminal) for a purpose other tan that for which it was intended
Intentional Misrepresentation - Elements
Plaintiff must prove (1) intentional material misrepresentation by Defendant, (2) of past or present fact, (3) made with knowledge, and (4) on which the Plaintiff justifiability relief to Plaintiff's economic detriment
Intentional Misrepresentation - Failure to disclose not enough unless
(1) there is a fiduciary relationship, (2) there is an ambiguous or misleading statement that causes reliance;
(3) D makes an assertion, believing it is true, but then discovers it was false (or circumstances changed) and D fails to disclose;
(4) D makes a false assertion not intending reliance but discovers P relied; or
(5) P reasonably expects there would be disclosure.
Negligent representation - Rule [two exceptions]
Defendant has not duty to avoid negligent infliction of pure economic loss, EXCPET (1) when there is a special relationship, like a fiduciary duty, or if D knows that they are acting for the benefit of a third party, and they rely and suffer economic loss, OR (2) If D knows that they are acting for the benefit of a third party and the third party relies and suffers economic loss.
Interference with Contractual Relations
Plaintiff must prove (1) Defendant knew that there is a contract between Plaintiff and third party, and (2) Defendant acted with the purpose of having the contract breached or making it hard to perform.
Interference with Prospective Economic Advantage
Plaintiff can prevail only by showing that Defendant:
(1) Knew of prospective economic advantage; and
(2) Acted to interfere with it for improper motives.
[BUT D can act to protect their own competitive interests.]
Injurious Falsehoods - Rule
Plaintiff must prove (1) false statement, (2) actual malice or Defendant knew statement was false or recklessly disregarded veracity, (3) made to another or published, and (4) causing specific economic injury to Plaintiff. [Note about economic loss not reputational harm]
Vicarious Liability - Employer/Employee [Respondent Superior]
Employer is liable for injuries caused by the negligence or strict liability of the employee if it occurred within the scope of employment.
Vicarious Liability - Intentional Torts
Generally outside the scope of employment; however, if an employee
uses force, even misguidedly, wholly or partly to further the employer's purpose, such use of force may
fall within the scope of employment, resulting in vicarious liability for the employer
Vicarious Liability - Independent Contractor
Defendant is not liable for torts committed by ICs because Defendant has no right to control the performance of the ICs
Vicarious Liability - Parent/Child
Parents are not generally vicariously liable for torts of the child absent a statute saying otherwise, BUT can be liable for their own negligence, negligent supervision, or entrustment.
Survival Statues (Modern)
Death of the victim or tortfeasor no longer abates tort action and a claim can be brought by estate of decedent.
Wrongful Death Statutes
All jurisdictions statutorily provide for an action by which either heirs of a deceased victim or personal representative of victim's estate may bring action for wrongful death for their own losses resulting from victim's death
Loss of Consortium
Where a spouse is killed, the surviving spouse may bring a claim for intangible injuries of loss, comfort, companionship, etc.
Sets found in the same folder