Textbook Notes (369,099)
United States (206,205)
LPP 255 (13)
Unkown (13)
Chapter 6

Chapter 6.docx

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Department
Law & Public Policy
Course Code
LPP 255
Professor
Unkown

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Chapter 6 • Tort law= compensate those who have suffered a loss or injury due to another persons wrongful act • Compensatory damages= intended to compensate or reimburse a plaintiff for actual losses o Special damages= quantifiable monetary losses  Medical expenses, lost wages o General damages= nonmonetary aspects of harm suffered  Pain, suffering o Punitive damages= punish the wrong doer and deter others from similar wrongdoing  Gross negligence= intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another  Caps on damages $250,000 to $750,000 • Intentional tort=intends to commit an act o Tortfeaser= the one committing the tort o Assault= immediate harmful or offensive conduct  Words and acts o Battery= unexcused or harmful offensive physical contact, intentional o False imprisonment=intentional confinement or restraint of another person activities without justification o Infliction of emotional distress= extreme and outrageous conduct resulting in severe emotional distress to another  Actionable= capable of serving as a ground for lawsuit o Defamation= wrongfully harming a persons good reputations  Slander= orally  Libel= written • General damages  Statement of opinions are not actionable  Publication= the defamatory statements are communicated to another party  Truth is the absolute defense in a defamation case  Privilege= immunity, not liable • Absolute privilege= granted by judicial proceedings and certain government proceedings o Ex. Statements made by attorneys and judges • Qualified, conditional privilege= statements made in good faith and the publication is limited to those who have a legit interest o Ex. Employers statements in written evaluations of employees • Public figures= exercise substantial govt power and any persons in public limelight o Considered “fair game”, unless made with actual malice  Must be made with either knowledge of its falsity or a reckless disregard of the truth • Person has a right to solitude and freedom from prying public eyes • Invasion of privacy… o • Appropriation/right of publicity= using another persons name, likeness, other identifying characteristics without permission • Fraudulent misrepresentation= involves intentional deceit for personal gain
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