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Intentional Torts

Interference with Personal Rights ( " = Can be Tort or Crime). Battery Assault Infliction of Emotional Distress False Imprisonment DefamationInvasion of PrivacyMisuse of Legal Proceedings Deceit (Fraud) . Defamation. The unprivileged publication of false and defamatory statements conce

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Intentional Torts

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    1. Intentional Torts Three categories: Interference with personal rights. Interference with property rights. Business or competitive torts.

    2. Interference with Personal Rights (“+” = Can be Tort or Crime) Battery + Assault + Infliction of Emotional Distress + False Imprisonment + Defamation Invasion of Privacy Misuse of Legal Proceedings + Deceit (Fraud) +

    3. Defamation The unprivileged publication of false and defamatory statements concerning another Libel Slander

    4. The Libel-Slander Distinction Libel – written or printed or more or less having permanent physical form. Slander – all other defamatory statements, mainly oral.

    5. Defamation and Public Officials or Public Figures Must prove actual malice by media defendant. Actual malice = Knowledge of falsity or reckless disregard of truth Rationale

    6. Defenses to Defamation Truth Absolute privilege Conditional (or qualified) privilege

    7. Invasion of Privacy Intrusion on Personal Solitude or Seclusion Public Disclosure of Private Facts about a Person False Light Appropriation of Name or Likeness

    8. Misuse of Legal Proceedings Malicious Prosecution Wrongful Use of Civil Proceedings Abuse of Process

    9. Deceit (Fraud) A false statement of material fact. Knowingly or recklessly made by the defendant. With the intent to induce plaintiff’s actual and justifiable reliance. Resulting in harm to the plaintiff.

    10. Interference with Property Rights Trespass to Land Private Nuisance Conversion

    11. Business or Competitive Torts: Interference w. Economic Relations Intentional interference with contractual relations Disparagement

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