Business Law

Anything published or publicly spoken that causes injury to a another's good name, reputation, or character.

A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another.

Wrongful interference with another's business rights.

A tort committed in cyberspace.

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved parted.

1. Special damages- compensate the plaintiff for for quantifiable monetary losses, such as medical expenses, lost wages and benefits (now & future), extra costs, . the loss of irreplaceable items and the costs of repairing or replacing damaged property

2. General Damages- compensate individuals (not companies) for the nonmonetary aspects of the harm suffered, such as pain and suffering, loss of companionship, loss of consortium (losing the emotional and physical benefits of a spousal relationship), disfigurement, loss of reputation, or loss or impairment of mental or physical capacity.

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.

An intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another.
Only when this occurs are punitive damages awarded in tort cases.

A wrongful act knowingly committed. This requires intent.

One who commits a tort.

Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat.

The unexcused, harmful or offensive, intentional touching of another.

A reason offered and alleged by a defendant in an action or lawsuit as to why the plaintiff should not recover or establish what she or he seeks.

1. Consent- when a person consents to the act that is allegedly tortious, this may be a complete or partial defense.
2. Self-Defense - an individual who is defending her or his life or physical well-being can claim self-defense. In situations of both real and apparent danger, a person may use whatever force is reasonably necessary to prevent harmful contact.
3. Defense of others - an individual can act in a reasonable manner to protect others who are in real or apparent danger.
4. Defense of property - reasonable force may be used in attempting to remove intruders from one's home, although force that is likely to cause death or great bodily injury can never be used just to protect property.

An objective test of how a reasonable person would have acted under the same circumstances.

The intentional confinement or restraint of another person's activities without justification. Requires restraint by physical barriers, physical restraint, or threats of physical force.

An intentional act that amounts to extreme and outrages conduct resulting in severe emotional distress to another.
This is typically confined to only truly outrageous behavior.

Defamation in writing or other form having the quality of permanence (such as a digital recording).

Defamation in oral form.

Capable of serving as a basis of a lawsuit. An actionable claim can be pursued in a lawsuit or other court action.

The basis for the tort of defamation is the publication of a statement or statements that hold an individual up to contempt, ridicule, or hatred. Publication here means that the defamatory statements are communicated to persons other than the defamed party.