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Chapter Fourteen Negligence and Intentional Torts This multimedia presentation and its contents are protected under copyright law. The following are prohibited by law: * any public performance or display, including transmission of any over a network; * preparation of any derivative work, including the extraction, in whole or in part, of any images; * any rental, lease, or lending of the program. Copyright © Allyn & Bacon 2007
Negligence Negligence is a complex legal concept that under certain circumstances holds persons liable for acting, or failing to act, in a certain manner. Elements of Negligence –A duty –A breach of that duty –Proximate cause –Actual injury Copyright © Allyn & Bacon 2007
Wrongful Death The Parties –Wrongful death statues allow a defined group of individuals to recover the loss it sustained as a result of the victim’s death Decedent’s spouse Children Parents Elements of Damage –Loss of Companionship –Loss of Sexual Intercourse –Loss of the Moral Guidance of the Decedent Copyright © Allyn & Bacon 2007
Assault and Battery Definitions –The tort of assault has been defined as the intentional causing of an apprehension of offensive contact. –The tort of battery has been defined as the intentional infliction of harmful or offensive bodily contact. Fear versus Contact –Assault can occur with fear only, no contact is necessary. However, the victim must be aware of the action. –Battery requires contact, although the victim does not have to be aware of the contact at the time. Copyright © Allyn & Bacon 2007
False Imprisonment Definition –The tort of false imprisonment is defined as the intentional infliction of a confinement. The Confinement Requirement –The victim is held within certain limits, not simply prevented from entering certain places. Copyright © Allyn & Bacon 2007
Mental Distress Definition –The tort of mental distress has been defined as the intentional or reckless infliction, by extreme or outrageous conduct, of severe emotional or mental distress. Does not require any physical harm or injury. Intent Requirement –Doctrine of transferred intent does not generally apply Conduct Requirement –Victim must show that the defendant’s conduct was extreme and outrageous and most jurisdictions require the victim to have sought and received medical treatment Copyright © Allyn & Bacon 2007
Defenses to Intentional Torts Self-Defense –Deadly force is justifiable only to protect oneself or others from what the person reasonable believes is imminent, unlawful deadly force –Proportionality mandates that the force used in self- defense not be out of proportion to the force necessary to protect the person from the threatened harm –Necessity requires that a person only use force to prevent imminent, unlawful deadly force. Not usually authorized to combat threats of future harm Copyright © Allyn & Bacon 2007
Defense of Others –A person is authorized in using force to defend another from imminent attack using the same amount of force as in self-defense Defense of Property –The property owner can only use as much force as is reasonable to protect the property. –May not use deadly force –May not use any force to reclaim property –May not use mechanical devices in defending property Copyright © Allyn & Bacon 2007
Consent –If victim gives consent, the defendant will not be liable for any injuries Lack of capacity to consent Exceeding scope of consent Duress causing consent Necessity –Based on the evil that faces a person in an emergency Public necessity Private necessity Copyright © Allyn & Bacon 2007
Authority of Law –Acts committed by persons under authority of law are generally considered a valid defense Copyright © Allyn & Bacon 2007
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