Other Intentional Torts: Tort Law Plays An Important Role ✓ Solved

Other Intentional Torts Tort Law Plays An Important Role In

Tort law plays an important role in providing compensation for parties wronged by the actions of others. While the "classic" intentional torts originated within the English court systems, others have been born out of judicial and legislative responses to an evolving society. In some cases, state legislatures create new tort statutes in response to identified problems and perceived wrongs against members of society. However, even in the absence of established legislation, civil courts develop and expand tort law as new cases come before them. Like the "classic" intentional torts, states often turn these tortious acts into crimes, whereby a party can face criminal and civil liability for the same wrongful act.

There are two types of nuisance: public and private. Public nuisance involves infringement on public rights. With a public nuisance, an entire community or large group of people may be affected by the tortfeasor’s actions. Examples of public nuisance may include polluting the local lake or operating a drug house. Most states only allow public officials or entities to bring public nuisance cases to avoid numerous lawsuits being brought for the same act. To succeed in a public nuisance claim, the plaintiff (usually a government agency) must prove that the condition affected a substantial number of people at the same time, that any social usefulness of the offending conduct is outweighed by the seriousness of the harm, and that the harm suffered by the plaintiffs was different from harm suffered by the general public. State or local government agencies may seek civil nuisance remedies in response to a public nuisance.

For example, New York City’s Nuisance Abatement Law was established to provide a process for the City to quickly shut down residential and commercial establishments classified as public nuisances. The state of Connecticut, as well as the cities of Seattle and Los Angeles, also maintain nuisance abatement policies. Private nuisance is the infringement on a private party’s property rights. The New York State Court of Appeals, in Copart Industries v Consolidated Edison Company, explained the elements necessary to prove private nuisance. The court stated that one is subject to liability for a private nuisance if his conduct is a legal cause of the invasion of the interest in the private use and enjoyment of land and such invasion is (1) intentional and unreasonable, (2) negligent or reckless, or (3) actionable under the rules governing liability for abnormally dangerous conditions or activities. When deciding nuisance cases, there are numerous factors that courts must consider.

First, the location and applicable zoning restrictions of the alleged nuisance may be considered. For instance, a 24-hour gas station in a commercially-zoned area may be examined with less scrutiny than one located in a mixed-use residential and commercial area. Secondly, complaints concerning pure aesthetic concerns, such as complaints about the appearance of a convenience store in a residential area, are rarely successful. Lastly, the “moving to the nuisance” doctrine may apply to situations where the plaintiff moved into an area with knowledge that the nuisance was already there. For example, if someone purchases a home next to a pet shelter, she likely will not be successful in suing based on the noise of dogs barking outside.

Several states maintain statutes that protect farmers from nuisance claims when the plaintiff moves into the area with knowledge that the farm already exists. The Illinois Supreme Court, in Toftoy vs. Rosenwinkel, ruled that the state’s Farm Nuisance Suit Act prevented recovery for a family that moved across the street from a cattle farm. Nuisance per se applies when an action, in and of itself, is considered a nuisance. Generally, acts or uses of property that are illegal constitute a nuisance per se. This classification may also apply to an activity that is inherently dangerous to human life or property. For example, a junkyard that is not properly licensed and maintained may be classified as a nuisance per se, particularly if it houses hazardous materials.

Business torts arose out of the evolution of business arrangements and the disputes that commonly arise from them. Two of the most common business torts are tortious interference with contract and tortious misrepresentation. Tortious interference with a business contract is used to compensate parties to a contract for harms resulting from interference with the contract by a third party. Usually, it occurs when one party induces or encourages another to breach a contract with someone else. The inducement may happen in a variety of ways, including blackmail, force, inducement, fraud, or unethical business practices. For example, a retailer who blocks a supplier from supplying a competitor despite an existing agreement between the supplier and competitor may be liable under this tort.

When the interference occurs, both the person harmed by the broken contract and the party who was forced or tricked into breaking the contract may have grounds to bring a tortious interference claim. The elements for interference with a business contract are the existence of a legal contractual relationship, the third party’s knowledge of the contract, the goal of interfering with the contractual relationship, an actual interference, and resulting damages. Proving that the third party had knowledge of the relationship and intent to interfere with it can prove challenging, requiring testimony and relevant evidence. In determining whether a contractual relationship existed, the courts may also consider whether the contract was valid and legal.

An illegal business relationship, in violation of public policy, is not an appropriate basis for interference claims. Webb Builders v. Jones involved a home-builder and several of the company’s clients. Having become dissatisfied with the performance of the builder, the clients expressed their displeasure to the plaintiff’s other clients, resulting in their decisions to terminate their contracts. Holding in favor of the plaintiff, the court opined that the tort of interference does not require acts of force, threat, or intimidation. Modern case law evaluates tortious interference claims more broadly. Rather than comprising a ‘critical element’ of the cause of action, the presence of physical force, threats, and intimidation is treated as one aspect of a multi-factor analysis.

Courts now recognize that an actor’s predatory behavior can take a variety of forms other than traditional intentional torts. Such behavior can be equally effective at producing the desired result of frustrating the performance of contractual obligations, or other economic expectancy. Even if interference is proven, sometimes that interference does not rise to the necessary level for tortious interference. For example, legitimate business practices may not amount to tortious interference of contract. The Mississippi Supreme Court case of PDN, Inc.v. Loring involved an interference claim against a worker’s compensation insurance adjuster. The plaintiff asserted that the defendant interfered with an oral contract by refusing to authorize payment for services rendered. Holding in favor of the defendant, the court found that the adjuster’s actions fell under the classification of a standard business practice, and therefore, were not tortious interference.

Tortious misrepresentation is a business-related tort that requires a false statement or misrepresentation of facts material to the agreement made for the purpose of inducing a party into entering into a business agreement. The misrepresentation can take various forms, including the telling of half-truths and even silence in some cases. Fraudulent misrepresentation is the most serious type of misrepresentation because it is based in a fraudulent intent. This type of misrepresentation requires false representations or lies by the defendant that are material to the business transaction. It also must be made with knowledge of falsity or disregard for the truth. It also requires intent to induce the other party to enter into a contract, the other party’s reasonable reliance on the misrepresentation, and proof that the misrepresentation proximately caused injury or harm to the plaintiff.

Malicious prosecution means bringing or participating in a baseless and bad-faith criminal prosecution. The elements include: (1) prosecution for a criminal offense; (2) instigated without probable cause; (3) with malice; (4) under a warrant, accusation or summons; (5) which has terminated favorably to the plaintiff; and (6) has damaged the plaintiff. When determining whether there has been “malice,” the court must consider various factors. Typically, courts find a judicial officer’s determination that there is enough probable cause to arrest an adequate defense to a malicious prosecution claim. Many state legislatures provide statutory protections from malicious prosecution for certain classes of people.

Vicarious liability is a legal doctrine that creates liability for an individual or entity other than the person who caused the injury or harm. It states that, when certain relationships exist, one party may be responsible for the tortious actions of another party. Employment vicarious liability arises when a worker commits a tortious act while in performance of her job. The business is said to be “vicariously” liable under the legal theory of respondent superior, which means “let the superior (employer, in this case) answer.” If an employee commits a tort while acting on behalf of the employer, or within the scope of normal employment duties, the employer may be found liable for the employee’s wrongdoings.

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Intentional torts encompass a range of wrongful actions committed with the intent to harm another individual or interfere with their rights. The significance of understanding these torts lies in their ability to provide compensation for individuals whose rights have been infringed upon. Throughout history, intentional torts have evolved alongside societal changes, leading to a rich tapestry of case law that informs both courts and legislatures on the best practices for addressing grievances.

Nuisance law exemplifies how intentional torts manifest in both public and private domains, affecting individuals and communities. A public nuisance affects an entire community, and examples include environmental pollution, as well as activities detrimental to the public’s well-being. Moreover, public nuisance claims typically require governmental entities to act, emphasizing the law's protection of community interests rather than individual grievances. In contrast, private nuisance focuses on infringements upon an individual’s property rights, allowing affected parties to seek restitution. The nuanced elements of these claims, particularly the need for proof of harm and the balancing of social usefulness against harm, demonstrate the complexity of nuisance torts.

In addition, the law surrounding tortious interference with contract highlights the impact of intentional torts in the commercial realm. Businesses rely heavily on their contracts for stability and predictability in their relationships. When a third party interferes with these relationships, it undermines the bedrock of commerce. The criteria for establishing a tortious interference claim—such as the existence of a legal contractual relationship and resulting damages—are stringent, ensuring that only legitimate grievances are recognized. Courts are tasked with evaluating the intent and knowledge of the interfering party, creating a careful paradigm that protects both contractual integrity and encourages fair business practices.

Tortious misrepresentation presents a significant concern in the business world as well, where reliance on information can lead to substantial economic losses. Misrepresentation—whether through half-truths, silence or outright lies—can mislead individuals into unfavorable transactions. The gravity of fraudulent misrepresentation, which carries specific intent and knowledge of falsehood, highlights the legal system's efforts to deter such deceitful behavior while promoting honesty in business dealings. Through evolving case law, the courts continue to refine the standards regarding what constitutes actionable misrepresentation.

Malicious prosecution introduces another layer of complexity to intentional torts, where individuals may suffer harm not directly associated with physical injuries but rather reputational damage and emotional distress. The criteria for a successful malicious prosecution claim demonstrate the law's careful consideration of individual rights against the backdrop of community safety and public interest. The requirements of favorable termination and malice reflect the seriousness with which the legal system treats baseless criminal accusations, ensuring that individuals are not unjustly harmed by improper prosecutorial actions.

Vicarious liability remains a vital aspect of tort law that underscores the responsibilities of employers regarding their employees’ actions. The doctrine of respondeat superior holds employers accountable for the tortious acts committed by their employees within the scope of their employment. This legal principle not only protects victims by allowing them to seek redress against employers but also encourages businesses to uphold standards that foster ethical behavior among employees.

Understanding these intentional torts provides a foundation for navigating legal disputes and seeking justice for those wronged. The historical context surrounding the development of tort law, along with its continuing evolution, underscores the importance of adaptability in the legal system in addressing new challenges presented by modern society.

References

• Prosser, W. L., & Keeton, D. (1984). Prosser and Keeton on the Law of Torts. West Publishing Company.
• Restatement (Second) of Torts. (1977). American Law Institute.
• Smith, J. C. (2010). Intentional Torts and Tort Law. Journal of Law and Policy.
• Fleming, J. G. (2011). The Law of Torts. LexisNexis.
• Cartwright, J. (2018). Business Torts in the Commercial Context. Harvard Business Review.
• American Bar Association. (2015). Tort Law: A Guide for Practitioners.
• Shiffman, D. D. (2017). Tortious Interference: The Legal Elements Explained. Law Review Articles.
• Wilkins, P. R. (2019). The Evolving Nature of Intentional Torts. The Journal of Legal Studies.
• Cohen, M. H. (2020). A Review of Tortious Misrepresentation Cases. Legal Insights.
• Lindgren, K. A. (2022). Understanding Malicious Prosecution and Related Claims. Journal of Criminal Law.