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Intentional Torts Dr. JeAnna Abbott
Intentional Torts n Nature of a Tort: Tort liability is imposed by law rather than voluntary assumed as is the case with contract liability.
Intentional Torts n When does a tort occur? There are 4 elements in a tort action: 1. A duty to one person
Intentional Torts 2. The breach of that duty (either by doing something or failing to do something)
Intentional Torts 3. The breach must proximately cause the plaintiff’s injury 4. An injury to the plaintiff
Intentional Torts n What is an intentional act? An act is intentional where the actor: 1. Intended the physical consequences of his/her act or
Intentional Torts 2. Knew, or should have known, that those consequences were substantially certain to occur as a result of his/her conduct
Intentional Torts n Example: Ziggy locks his shop at the end of the day. Unknown to Ziggy, Moondust was in the restroom.
Intentional Torts As a result, Moondust could not exit the store until Ziggy returned the next day.
Intentional Torts n Has Ziggy Committed a false imprisonment? n Why or why not?
Intentional Torts n Intentional Torts: 1. Battery 2. Assault 3. False Imprisonment
Intentional Torts 4. Infliction of Emotional Distress 5. Defamation 6. Invasion of Privacy 7. Trespass
Intentional Torts 8. Nuisance 9. Trespass to Personal Property 10. Conversion 11. Interference with Contractual Rights
Intentional Torts 12. Disparagement 13. Fraudulent Misrepresentation
Intentional Torts n Battery: A battery occurs where the defendant has intentionally caused an offensive touching upon an item which is physically associated with the plaintiff.
Intentional Torts n Examples: 1.Where the D deliberately poisons the plaintiff
Intentional Torts 2.Where the D knocks a hat off the plaintiff’s head 3.Where the D shakes the car that the D knows the plaintiff is seated in.
Intentional Torts n Assault: Occurs where the defendant intentionally cause the plaintiff to reasonably be in apprehension of an imminent, offensive touching.
Intentional Torts n False Imprisonment: Occurs when the defendant intentionally confines (either physically or by overcoming the plaintiff’s will)
Intentional Torts the plaintiff to a definable area from which there is no reasonably apparent means of escape.
Intentional Torts n Example: Pleasure Inn n Shopkeeper’s Privilege n Arrest Privilege
Intentional Torts n Defamation: Elements: 1. False Communication 2. Injury to the Reputation 3. Published Statement
Intentional Torts A defamatory statement is one which is false and lowers the person’s esteem in the community or subjects the person to hatred, contempt, or ridicule.
Intentional Torts n Defamation (continued): Libel: When the defamatory statement is in written form. Slander: When the defamatory statement is oral
Intentional Torts * The defamatory statement must be communicated to a third person or persons other than the one who is defamed. * Can not defame a dead person.
Intentional Torts n Defenses to defamation suits: Absolute Privilege Qualified Privilege Constitutional
Intentional Torts n Invasion of Privacy: 1. Appropriation of Name or Likeness *Use of another’s name without consent *For benefit
Intentional Torts 2. Intrusion *Unreasonable and offensive interference with person’s seclusion
Intentional Torts 3. Public Disclosure of Private Facts * Publicity (communication to public peers)
Intentional Torts * Of private information regarding an individual can be truthful
Intentional Torts 4. False Light * Highly Offensive * Publicity * Placing another in false light
Intentional Torts * The defendant publicly knew was untrue or acted in reckless disregard of truth * There is a difference between an accident and reckless disregard
Intentional Torts n Interference with Property Rights: Real Property
Intentional Torts Trespass:Intentionally enters or remains on property belonging to another or causes a thing or another to do so or
Intentional Torts fails to remove something he has a duty to remove. fails to remove something he has a duty to remove. Injury (damage) does not have to occur.
Intentional Torts n Interference with Property Rights: AirspaceNuisance
Intentional Torts Personal Property: Intention dispossession or unauthorized use of other’s property
Intentional Torts Liability:Dispossession Trespass to personal property Conversion
Intentional Torts, Negligence, and Strict Liability
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