© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. C HAPTER 7: I NTENTIONAL T ORTS

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. A.Harm to the Person. B.Harm to Right of Dignity. C.Harm to Property. D.Harm to Economic Interests. T OPICS C OVERED C HAPTER 7: I NTENTIONAL T ORTS 2

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. I NTRODUCTION  T ORT – relief from civil wrong or injury. Injuries may be inflicted intentionally, negligently, or without fault (strict liability). In a tort action, the injured party seeks compensation or damages. P HILIP M ORRIS USA V. W ILLIAMS (2007). P HILIP M ORRIS USA V. W ILLIAMS (2007). 3

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. I NTRODUCTION  T ORT – relief from civil wrong or injury. Intent: Actor (the tortfeasor) desires to cause the consequences of her actions, or That the consequences are substantially certain to result from her act. 4

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Does defendant desire to cause consequences? Does defendant believe consequences are substantially certain to result? No Intent Intent Yes No I NTENT

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. H ARM TO THE P ERSON  Battery – intentional infliction of harmful or offensive bodily contact.  Assault – intentional infliction of apprehension of immediate bodily harm or offensive contact.  False Imprisonment – intentional confining of a person against her will. 6

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. H ARM TO THE P ERSON  Infliction of Emotional Distress – extreme and outrageous conduct intentionally or recklessly causing severe emotional distress. F ERRELL V. M IKULA (2008). F ERRELL V. M IKULA (2008). 7

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. H ARM TO THE R IGHT OF D IGNITY  Defamation – false communication that injures a person's reputation. Libel – written or electronically transmitted defamation. Slander – spoken defamation. Publication – to a third party. F RANK B. H ALL & C O., I NC. V. B UCK (1985).  F RANK B. H ALL & C O., I NC. V. B UCK (1985).  8

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. H ARM TO THE R IGHT OF D IGNITY  Defamation. Defenses – truth, absolute privilege, conditional privilege, and constitutional privilege are defenses to a defamation action. 9

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. H ARM TO THE R IGHT OF D IGNITY  Invasion of Privacy. Appropriation – unauthorized use of a person's identity. Intrusion – unreasonable and offensive interference with the seclusion of another. Public Disclosure of Private Facts – offensive publicity of private information. 10

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. H ARM TO THE R IGHT OF D IGNITY  Invasion of Privacy. False Light – offensive and false publicity about another. Defenses. Absolute, conditional, and constitutional privilege apply to any matter that is an invasion of privacy. 11

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. H ARM TO P ROPERTY  Real Property – land & anything attached to it.  Trespass – wrongfully entering land of another.  Nuisance – a nontrespassory interference with another's use and enjoyment of land. 12

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. H ARM TO P ROPERTY  Personal Property –property other than land. Trespass – an intentional taking or use of another's personal property. Conversion – intentional exercise of control over another's personal property. 13

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. H ARM TO E CONOMIC I NTERESTS  Interference with Contractual Relations – intentionally causing one of the parties to a contract not to perform. T EXACO, I NC. V. P ENNZOIL, C O. (1987). T EXACO, I NC. V. P ENNZOIL, C O. (1987). 14

© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. H ARM TO E CONOMIC I NTERESTS  Disparagement - publication of false statements about another's property or products.  Fraudulent Misrepresentation – a false statement, made with knowledge of its falsity, intended to induce another to act. 15