Torts and Cyber Torts

A civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another.

Business Torts

Defined as wrongful interference with another’s business rights.

Damages

Money sought as a remedy for a breach of contract or for a tortious (wrongful) act.The purpose of damages s to make the offended party whole again for the harm suffered.

Intentional Torts

A wrongful act knowingly committed.The tortfeasor (the individual committing the act) must intend to commit the act.Intent only means that the actor intended the consequences of the act and knew with substantial certainty the particular consequences of their actions.

Assault

Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat. For assault, theremust be:1. The nature of the contact is one that a reasonable person would want to avoid; AND2. The plaintiff suffers apprehension or fear of immediate harmful or offensive contact.

Battery

An unexcused and harmful or offensive physical contact intentionally performed.Contact can be harmful or merely offensive.Whether the contact is offensive is determined by the “reasonable person standard.”

Defenses

1. Consent- When a person consents to the act that damages him/her, no liability for the damage.2. Self-defense- An individual who is defending his/her life or physical well-being can claim self-defense, in both real and apparent danger, a person may use whatever force is reasonably necessary.3. Defense of others- An individual can act in a reasonable manner to protect others who are in real or apparent danger.4. Defense of property- Reasonable force may be used to remove intruders from one’s home, although force that is likely to cause death or severe bodily injury can never be used to protect property.

False Imprisonment

The intentional confinement or restraint of another without justification, through the use of physical barriers, restraint or threats of physical force. Moral pressure or threats of future harm do not constitute false imprisonment.

Defamation

Involves wrongfully hurting a person’s good reputation, in writing, its libel, orally, its slander;The publication of a statement that holds an individual up to contempt, ridicule or hatred, the statement must be communicated to a person other than the defamed party

Publication Requirement

The basis of tort defamation is the publication of a statement that holds an individual up to contempt, ridicule or hatred. Publication means that a statement is communicated to a person other than the defamed party.

Defenses Against Defamation

Truth is normally an absolute defense against a defamation charge, certain communications are privileged. (Attorneys making statements during trial, Congressional members making statements on the floor).

Torts Per Se

There are four types of utterances considered torts per se, meaning no proof of injury or harm is required for the following utterances to be actionable1. A statement that another has a loathsome communicable disease.2. A statement that another has committed improprieties while engaging in a profession or trade.3. A statement that another has committed or has been imprisoned for a serious crime.4. A statement that a woman is unchaste or has engaged in serious sexual misconduct.

Invasion of Privacy

The use of a person’s name, picture or other likeness for commercial purposes without permission, orIntrusion into an individual’s affairs or seclusion in an area in which the person has a reasonable expectation of privacy, orPublication of information that places a person in a false light, orPublic disclosure of private facts about an individual that an ordinary person would find objectionable.

Fraudulent Misrepresentation

A misrepresentation either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.

Elements of Fraud. Misrepresentation

1. Misrepresentation of facts or conditions with knowledge that they are false or with reckless disregard for the truth.2. Intent to induce another to rely on the misrepresentation3. Justifiable reliance by the deceived party4. Damages suffered as a result of reliance5. Causal connection between the misrepresentation and the injury.