mkt100 Lecture Notes - Lecture 4: Detinue, Personal Property, Malicious Prosecution
Document Summary
Definition: a tort is a private wrong (wrong to an individual) Suing for tort means you"re sui(cid:374)g for da(cid:373)ages. Damages for tort: special (actual loss) ie. price of car, general (estimated loss) ie. compensation for trauma, punitive (to punish the defendant) ie. goes beyond special and general. Intentional torts require proof of some deliberate action. Tort law provides for vicarious liability (even though you have not done anything wrong, you are liable for what someone else has done ie. friend takes your car and hits someone or employer is responsible for employee. Battery is unwelcome physical contact actual contact. Assault is conduct that creates fear of imminent harm fear of victim. Defenses: consent, self-defense/ defense of property. It is not a defense that defendant was there first (before plaintiff) or that use was legal. Libel is written or communicated electronically slander is spoken. ; it"s i(cid:374) the pu(cid:271)li(cid:272)s (cid:271)est i(cid:374)terest to k(cid:374)o(cid:449: damages are usually high.
