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Tort (Remedies (Compensatory damages (Backward looking, Remoteness,…

- - - - Intentional
      - Invades the plaintiff's
        private affairs without
        legal justificaiton
      - In a way that a reasonable
        person would consider
        highly offensive
    - - Two or more persons
        agree to act together
      - To cause a business
        to suffer a financial loss
      - By lawful or unlawful means
    - - Direct and indirect
        inducement
        of breach of K
        
        To prove Defendant
        
        knew the existence of K
        
        intended to cause a breach
        
        actually caused third party to breach of K
        
        had no justifiable ground for their conduct
        And plaintiff suffered financial losses
    - - The defendant intentionally
        performed an unlawful act to
        harm plaintiff's economic situation
    - - A false statement
        about past or present
      - Either knowing the statement
        is true or not caring about
        whether it is true or not
      - Intention of misleading
      - Plaintiff relied on the statement
        and suffered a loss
    - - A statement referring
        to a identifiable person
      - To lower the opinion of
        the identified person
        or to expose the identified
        person to hatred, contempt
        or redicule
      - Slander - spoken;
        libel - written
  - - - Test for recognition
        of a duty of care: whether
        or not owe a duty of care
        
        Proximity
        
        Social relationship?
        commercial relationship?
        direct causal connection?
        reliance on representation?
        
        Policy: a court
        may focus on
        
        Politics
        
        Vulnerable relationships
        
        Floodgates
        
        Reasonable
        foreseeability
        
        Objective: it is whether a
        reasonable person in the
        defendant's position would
        have recognized that possibility
    - - Objective; reasonably foreseeable risks;
        likelihood and severity; affordable precautions;
        social duty; sudden peril doctrine
      - For professionals
        
        Must act as the reasonable professional
        
        Must be judged on the knowledge level
        the professional had
        
        Carelessness is different from errors of judgement
        
        Not liable for following an approved practice
        
        Statutory standard may protect a defendant
      - For manufactured goods
        
        Manufacture
        
        Design
        
        Failure to warn
    - - But-for test: but for
        the defendant's carelessness,
        would the plaintiff have suffered
        the same loss?
        
        All-or-nothing:at least 51%
        chance of carelessness
        
        Remoteness
- - - - Must be opinions
        on a public interest:
        be informed; be relative;
        be honestly held
    - - Statement is made
        in the context of
        a legal, moral or social obligation:
        in good faith
    - - Statement is made during
        a legislative proceeding
        inside legislature;
        a court proceeding inside a court;
        among high government officials;
        between spouses
  - - - If the plaintiff freely agrees to accept a risk,
        then the defendant not liable
    - - The plaintiff suffered a loss while
        participating in an illegal act, then
        the defendant not liable