LSB 3213 Lecture 29: Torts Cont'd

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Legal Studies in Business
LSB 3213
William Michael Schuster

Tort Law Cont'd A. Assault & Battery in Employment a. Was the tortfeasor's conduct within the scope of employment? b. Key: look at essential job functions B. False Imprisonment a. Act: confining or restraining the plaintiff to a bounded area without justification or consent b. Intent: tortfeasor intended to confine or restrain the plaintiff to a bounded area c. Damages: special, general and punitive available i. Example: locking a person in a room against their will ii. Must be able to prove the damages iii. No requirement; any standard citizen can do it 1. On the exam C. Parvi v. City of Kingston (Ct. App. NY, 1977) a. Rule: to be falsely imprisoned, you must be aware of your confinement b. Held: Parvi didn't know he was confined, so he wasn't falsely imprisoned D. Shopkeeper's Privilege a. Defense to false imprisonment; the business can't be sued unless on three terms i. The business had reasonable belief that the person committed something wrong ii. Detention has to be made in a reasonable manner iii. Detention has to be in reasonable time E. Intentional Infliction of Emotional Distress a. Act: extreme and outrageous conduct resulting in severe emotional distress b. Intent: to cause severe emotional distress by intentional extreme and outrageous conduct c. Causation: tortfeasor's extreme and outrageous conduct was a substantial factor in causing act bringing about severe emotional distress d. Damages: special, general, and punitive available F. Need to prove the intent in all torts G. Taylor v. Vallelunga (CA. App. 1959) a. Ruling H. Trespass to Land a. Act: physical invasion of plaintiff's property without permission b. Intent: tortfeasor intended to physically invade property c. Damages: special, general and punitive available I. Dougherty v. Stepp (NC 1835) a. Rule: unauthorized entrance onto someone else's property is a trespass to land b. Damages: the plaintiff must still establish damages c. Held: this was a trespass (though damages are unlikely) J. Herrin v. Sutherland (Montana 1925) a. Rule: outside of high-altitude planes and such, the air immediately above the ground can be trespassed on K. Trespass to Chattel (personal property) Tort Law Cont'd a. Act: interference with the plaintiff's lawful right of possession/enjoyment of property b. Intent: tortfeasor intents interference with the plaintiff's lawful right of possession of property c. Damages: must prove actual damages L. Wrongful Interference w Contractual Relationship a. Elements; i. Valid Contract ii. Third party knows about con
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