Florida Torts: Privileges and Damages

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Questions and Answers

Explain the limitations placed on a shopkeeper's ability to detain someone under the shopkeeper's privilege law in Florida.

The detainment must be limited in duration, only for the purpose of investigating the wrongdoing, recovering the property, and they must immediately call the authorities. The shopkeeper must not use any force or threat of force.

How is offensiveness determined in cases of battery and assault?

Offensiveness is measured by the reasonable person standard.

List the four elements necessary to prove negligence.

The elements are: 1. Duty, 2. Breach of duty, 3. Causation, and 4. Damages.

In a negligence case involving an invitee, what specific duty does a business owner generally have?

<p>The duty of care to inspect, warn of, and cure any defects that could cause injury to invitees.</p> Signup and view all the answers

What must a plaintiff prove to recover damages for slander in Florida?

<p>The plaintiff must prove special damages by showing that the plaintiff acted adversely.</p> Signup and view all the answers

What distinguishes slander per se from regular slander, and how does this distinction affect the plaintiff's burden of proof?

<p>Slander per se does not require the plaintiff to prove special damages. The context of the language spoken includes loathsome illnesses, sexual misconduct, plaintiff's lack of fitness to conduct business, or that of crime.</p> Signup and view all the answers

If a shopkeeper makes a statement to a police officer about a suspected tortfeasor, under what privilege might the shopkeeper be protected?

<p>The shopkeeper might be protected under qualified privilege.</p> Signup and view all the answers

Define intentional infliction of emotional distress and what standard the conduct must meet.

<p>Extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress to the plaintiff. Conduct is deemed extreme and outrageous if it exceeds the possible limits of human decency so as to be entirely intolerable in a civilized society.</p> Signup and view all the answers

What factors does a jury consider when determining the amount of punitive damages in Florida?

<p>The jury must measure the degree of malice, oppression, wantonness, or outrage.</p> Signup and view all the answers

Under what circumstances can punitive damages be awarded for assault and battery in Florida?

<p>The act of assault and battery alone suffices for finding punitive damages.</p> Signup and view all the answers

What is the purpose of compensatory damages in a tort case?

<p>Compensation that would make the victim whole as if the victim had not suffered an injury.</p> Signup and view all the answers

Explain the concept of vicarious liability in the context of employer-employee relationships.

<p>An employer will be held liable for negligent acts of their employees who are acting within the scope of business.</p> Signup and view all the answers

How does the 'but for' test determine causation in a negligence claim?

<p>Causation is determined by the but for test.</p> Signup and view all the answers

In the context of slander per se, provide two examples of language that would meet the criteria.

<p>Examples include accusations of loathsome illnesses or allegations of sexual misconduct.</p> Signup and view all the answers

Contrast the focus of shopkeeper's privilege with the tort of false imprisonment.

<p>Shopkeeper's privilege allows temporary detainment based on reasonable suspicion of a crime, while false imprisonment involves unlawful restraint without justification.</p> Signup and view all the answers

Explain the difference between assault and battery, focusing on the element of contact.

<p>Assault is the imminent apprehension of offensive contact, while battery is the actual offensive contact itself.</p> Signup and view all the answers

How does the standard of 'extreme and outrageous conduct' in intentional infliction of emotional distress claims differ from everyday offensive behavior?

<p>It exceeds the possible limits of human decency so as to be entirely intolerable in a civilized society.</p> Signup and view all the answers

Outline the process for determining punitive damages.

<p>Allowed in FL at the jury's discretion. The jury must measure the degree of malice, oppression, wantonness, or outrage in determining the award.</p> Signup and view all the answers

Differentiate between compensatory and punitive damages, highlighting their respective purposes.

<p>Compensatory damages aim to make the victim 'whole' after an injury, while punitive damages are intended to punish and deter wrongful conduct.</p> Signup and view all the answers

What must a shopkeeper do after detaining a customer under the shopkeeper's privilege law in Florida?

<p>In Florida they must immediately call the authorities .</p> Signup and view all the answers

Flashcards

Shopkeeper's Privilege

In Florida, shopkeepers can detain someone with reasonable suspicion of a crime, briefly, to investigate, recover property, and call authorities, without using force.

Battery

Offensive bodily contact or touching, judged by a reasonable person standard.

Assault

The imminent apprehension of offensive contact about to occur to another.

Slander

A tort where someone speaks wrongly of another's morals in the presence of others.

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Slander Per Se

Like slander, but the plaintiff doesn't have to prove special damages. Includes loathsome illnesses, sexual misconduct, or unfitness to conduct business.

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Qualified Privilege

A defense where a shopkeeper wasn't acting maliciously or negligently when speaking to police about a customer they suspected was a tortfeasor.

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Intentional Infliction Of Emotional Distress

Conduct that intentionally or recklessly causes severe emotional distress; behavior that exceeds the limits of human decency.

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Punitive Damages

Awarded at the jury's discretion to punish malicious, oppressive, wanton, or outrageous behavior.

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Compensatory Damages

Compensation to restore the victim to their original condition before the injury.

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Vicarious Liability

An employer is responsible for the negligent actions of employees within the scope of their employment.

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Study Notes

  • These notes cover torts, privileges, and damages in Florida law.

Shopkeeper's Privilege

  • Shopkeepers in Florida have the right to detain individuals suspected of committing a tort or crime within their establishment.
  • Detainment must be brief and solely for investigation, property recovery, and contacting authorities.
  • Shopkeepers are prohibited from using any force or threats of force during detainment.

Battery

  • Battery consists of intentional offensive bodily contact or touching of another person.
  • Offensiveness is evaluated using a reasonable person standard.

Assault

  • Assault involves the imminent apprehension of offensive contact about to occur to another person.
  • Like battery, offensiveness is judged by the reasonable person standard.

Negligence (Invitee)

  • Negligence requires:
    • A duty of care
    • Breach of that duty
    • Causation
    • Damages to the plaintiff
  • Standard of Duty: Shop employees have a duty to inspect, warn of, and fix defects that could harm invitees, based on the reasonable person standard.
  • Causation is determined through the "but for" test.
  • Damages involve actual harm suffered by the plaintiff.

Slander

  • Slander is a tort involving spoken statements that harm another's reputation or character in front of others.
  • In Florida, recovering damages requires proving special damages by showing the plaintiff acted adversely because of to the slander.

Slander Per Se

  • Slander per se is spoken defamation where special damages do not need proof.
  • It includes statements about loathsome illnesses, sexual misconduct, lack of business fitness, or commission of an infamous crime in Florida.

Qualified Privilege

  • Shopkeepers can claim qualified privilege as a defense if they spoke to police without malice or negligence, suspecting a customer of being a tortfeasor.

Intentional Infliction of Emotional Distress

  • This tort involves extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress.
  • The conduct is considered intolerable in a civilized society if it exceeds the limits of human decency.

Punitive Damages

  • In Florida, punitive damages are at the jury's discretion, based on the degree of malice, oppression, wantonness, or outrage.
  • In Florida, assault and battery alone can justify awarding punitive damages.

Compensatory Damages

  • Compensatory damagers provide compensation that aims to restore the victim to their pre-injury condition.

Vicarious Liability

  • Employers are liable for the negligent actions of employees acting within the scope of their employment.

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