This document is from a business law textbook and discusses various intentional torts including assault, battery, false imprisonment, intentional infliction of emotional distress, defamation, invasion of privacy, fraudulent misrepresentation, and frivolous litigation. It defines these torts, provides examples, and notes applicable defenses and damages.

1. BUSINESS LAW: Text & Cases —
Legal, Ethical, International, and
E-Commerce Environment 11th Ed.
Chapter 6
Intentional Torts
Copyright © 2009 South-Western Legal Studies in Business,
a part of South-Western Cengage Learning.

2. §1: Basis of Tort Law
 Doing business today involves risks, both legal
and financial.
 A tort is a civil injury designed to provide a
remedy (damages) for injury to a protected
interest.
 Damages.
– Compensatory: reimburse plaintiff for actual losses.
– Special: quantifiable losses, such as medical
expenses, lost wages, and benefits.
– General: non-monetary, such as pain and suffering,
reputation.
– Punitive: punish the wrongdoer.
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a part of South-Western Cengage Learning.

3. §2: Intentional Torts
Against Persons
 The person committing the tort, the
Tortfeasor or Defendant, must “ intend” to
commit the act. Intend means:
– Tortfeasor intended the consequences of
her act; or
– She knew with substantial certainty that
certain consequences would result.
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a part of South-Western Cengage Learning.

4. Types of Intentional Torts
 Assault and Battery.
 False Imprisonment.
 Infliction of Emotional Distress.
 Defamation.
 Invasion of Privacy.
 Business Torts.
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a part of South-Western Cengage Learning.

5. Assault and Battery
 ASSAULT is an intentional, unexcused act
that:
– Creates a reasonable apprehension or fear of,
– Immediate harmful or offensive contact.
– NO CONTACT NECESSARY.
 BATTERY is the completion of the Assault:
– Intentional or Unexcused.
– Harmful, Offensive or Unwelcome.
– Physical Contact.
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a part of South-Western Cengage Learning.

6. Defenses to Assault & Battery
 Consent.
 Self-Defense (reasonable force).
 Defense of Others (reasonable force).
 Defense of Property.
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a part of South-Western Cengage Learning.

7. False Imprisonment
 False Imprisonment is the intentional:
– Confinement or restraint.
– Of another person’s activities.
– Without justification.
 Merchants may reasonably detain
customers if there is probable cause.
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a part of South-Western Cengage Learning.

8. Intentional Infliction of
Emotional Distress
 An intentional act that is:
– Extreme and outrageous, that
– Results in severe emotional distress in
another.
 Most courts require some physical
symptom or illness.
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a part of South-Western Cengage Learning.

9. Defamation
 Right to free speech is constrained by duty
we owe each other to refrain from making
false statements.
 Orally breaching this duty is slander;
breaching it in print or media (and internet)
is libel.
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a part of South-Western Cengage Learning.

10. Defamation
 Publication Requirement: gravamen of
defamation is the “publication” of a false
statement that holds an individual up to
hatred, contempt or ridicule in the
community.
 Publication requires communication to a 3 rd
party.
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a part of South-Western Cengage Learning.

11. Damages for Libel
 General Damages are presumed; Plaintiff
does not have to show actual injury.
 General damages include compensation
for disgrace, dishonor, humiliation, injury
to reputation and emotional distress.
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a part of South-Western Cengage Learning.

12. Damages for Slander
 General Rule: Plaintiff must prove
“special damages” (actual economic
loss).
– Exception: Slander Per Se. No proof of
damages is necessary when the
statement is involves:
• Loathsome disease,
• Business improprieties,
• Serious crime,
• Woman is non-chaste.
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a part of South-Western Cengage Learning.

13. Defenses to Defamation
 Truth is generally an absolute defense.
 Privileged (or Immune) Speech.
– Absolute: judicial & legislative proceedings.
– Qualified: Employee Evaluations.
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a part of South-Western Cengage Learning.

14. Defamation-Public Figures
 Public figures exercise substantial
governmental power or are otherwise in
the public limelight.
 To prevail, they must show “actual malice”:
statement was made with either
knowledge of falsity or reckless disregard
for the truth.
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a part of South-Western Cengage Learning.

15. Invasion of Privacy
 Every person has a fundamental right to
solitude freedom from public scrutiny.
– Use of Person’s Name or Likeness.
– Intrusion on Individual’s Affairs or Seclusion.
– Publication of Information that Places a
Person in False Light.
– Public Disclosure of Private Facts.
 CASE 6.1 Anderson v. Michigan (2007).
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a part of South-Western Cengage Learning.

16. Appropriation
 Use of another’s name, likeness or other
identifying characteristic for commercial
purposes without the owner’s consent.
– Issues:
• Degree of Likeness.
• Right of Publicity as a Property Right.
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a part of South-Western Cengage Learning.

17. Fraudulent Misrepresentation
 Fraud is intentional deceit. Elements:
– Misrepresentation of material fact;
– Intent to induce another to rely;
– Justifiable reliance by innocent party;
– Damages as a result of reliance;
– Causal connection.
 Fact vs. Opinion (not puffery).
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a part of South-Western Cengage Learning.

18. Frivolous Litigation
 Generally, each of us has the right to sue
when we have been legally injured.
 Torts related to abusive or frivolous
litigation include:
– Malicious prosecution, and
– Abuse of process.
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a part of South-Western Cengage Learning.

19. §3: Business Torts-
Wrongful Interference
 Tort involving a contractual relationship.
 Occurs when:
– Defendant knows about contract between A
and B;
– Intentionally induces either A or B to breach
the contract; and
– Defendant benefits from breach.
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a part of South-Western Cengage Learning.

20. Business Torts-
Wrongful Interference
 In a business relationship occurs when:
– There is an established business relationship;
– The Tortfeasor, using predatory methods,
causes relationship to end; and
– Plaintiff suffers damages.
 Permissible behavior (bona fide
competition) or justified behavior are
defenses to this tort.
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a part of South-Western Cengage Learning.

21. §4: Intentional Torts
Against Property
 Trespass to land occurs when a
person, without permission:
– Physically enters onto, above or below the
surface of another’s land; or
– Causes anything to enter onto the land; or
– Remains, or permits anything to remain,
on the land.
– Defenses: trespass is necessary, or
trespasser is a licensee.
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a part of South-Western Cengage Learning.

22. Intentional Torts
Against Property
 Trespass to personal property is the
Intentional interference with another’s use
or enjoyment of personal property without
consent or privilege.
– CASE 6.2 Register.com, Inc. v. Verio, Inc.
(2003).
 Conversion.
 Disparagement of Property.
 Slander of Quality or Title.
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a part of South-Western Cengage Learning.

23. § 5: Cyber Torts
 Defamation Online.
– Immunity of Internet Service Providers.
– Piercing the Veil of Anonymity.
 CASE 6.3 Fair Housing Council of San
Fernando Valley vs. Roommate.com,
LLC (2007).
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a part of South-Western Cengage Learning.

24. Cyber Torts
 Spam (unsolicited email).
– Spam as Trespass to Personal Property.
 Statutory Regulation of Spam.
– Minnesota requires unsolicited email to state
“ADV” in the subject line.
– California has a stringent “opt-in” requirement.
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a part of South-Western Cengage Learning.

25. Cyber Torts
 Federal CAN-SPAM Act (2004) applies
primarily to commercial emails.
 Requirements:
– Return email address.
– Clear notice the email is an AD.
– Provide “opt out” mechanism (10 days to act).
– Label sexually explicit emails.
 Does it work--Problems???
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a part of South-Western Cengage Learning.