BUL 4421 Lecture Notes - Lecture 8: First Amendment To The United States Constitution

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9 Jun 2016
School
Department
Course
9-11-15
Chapter 8 Tort Law
Tort law
A civil wrong, not arising from a breach of contract or other agreement
A breach of legal duty, proximate lay causing another person harm or injury
Intentional torts
Negligence
Basis of a tort law
Tort law provides a re,eddy for those who wrongfully cause injury to the body or
property of another
oProperty ,any be tangible: personal or real property
oProperty ,any be intangible: reputation
The duty that the tortfeasor violation must exist a matter of law, not as a consequence of any
agreement between the tortfeasor and the injured party.
If the injury is a result of an agreement is likely a breach of contract, not a tort.
Types of torts
Intentional: when the defendant takes an action intending certain consequences or knowing
they're likely to result
Negligent: occur when the defendant acts in a way that subjects other people to an
unreasonable risk of harm
Strict liability tort: occurs when the defendant takes an action that is inherently dangerous and
cannot ever be undertaken safety, no matter what precautions the defendant takes
Types of intentional torts to persons
Assault and battery
oIntentional, un excused act that: creates a reasonable apprehension or fear of,
immediate harmful or offensive contact, no contact necessary
oDefense to assault or battery: consent, battery didn't occur because the other
party agreed to the contact. Self defense, you responded to unwanted contact
with comparable force to defend yourself. Defense of others, defense of
property
Defamation
oFirst amendment freedom of speech is not absolute.
oCourts must balance free of speech with preventing and redressing false attacks
on one’s reputation
oSlander = oral defamation
oLibel = written defamation
oException to requiring plaintiff to prove compensatory special damages to
prevail
o4 types
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