BUS 018 Lecture Notes - Lecture 30: Intentional Tort, Proximate And Ultimate Causation, Actual Malice
Document Summary
An intentional act that is: extreme and outrageous act, results in severe emotional distress. Injury: most courts require a physical symptom or illness. Distinguished from pain & suffering: recoverable in other torts when physically injured with associated pain & suffering. Statement holds one up hatred, contempt or ridicule in the community. Thirds person must read/hear harmful words: liable for republication, self-publication. Compensation for disgrace, dishonor, humiliation, injury to reputation and emotional distress. Intentional tort on midterm, identify and define each element. (essay) Intent, wrongful conduct, actual causation, proximate causation, injury, defenses. Truth is generally an absolute defense: can be difficult to prove in court. Privileged (or immune) speech: absolute : judicial & legislative proceedings, qualified : employee evaluations. Includes any person who becomes newsworthy whether by choice or chance. Statement was made with either knowledge of falsity or reckless disregard for the truth. Newspapers often require two sources before printing an item. Tabloid press: print now maybe pay later.