Intentional Torts Lesson 5-2

Intentional torts are torts for which the defendant intended either the injury or the act. There are many common intentional torts. Let’s look at the ones mentioned in the textbook.

Assault The tort of assault occurs when one person intentionally threatens to physically or offensively injure another. The threat can be made with words or gestures. The threat must be believable.

Battery A person has a duty to refrain from harmful or offensive touching of another. An intentional breach of the duty is battery. 4 battery examples are: shooting, pushing in anger, spitting on, or throwing a pie in another’s face.

Battery continued An assault frequently precedes a battery. When you act in self-defense, have you committed a battery? NO

False Imprisonment False imprisonment is depriving a person freedom of movement without the person’s consent and without privilege. Example: Someone may be hand-cuffed; locked in a room, car, or jail; told in a threatening way to stay in one place; false arrest. Consent occurs when they agree to being confined.

Defamation If a false statement injures one’s reputation, it may constitute the tort of defamation. If the defamation is spoken; it is slander. If the defamation is written or printed, it is libel. The statement must: 1. be false 2. be communicated to a third person 3. bring the victim into disrepute or ridicule by others

Invasion of Privacy People are entitled to keep personal matters private. This is the right to privacy. Invasion of this right is the tort of invasion of privacy. This tort is defined as the unwelcome and unlawful intrusion into one’s private life so as to cause outrage, mental suffering, or humiliation.

Invasion of Privacy continued Are two-way mirrors considered an invasion of privacy? Yes Eavesdropping by any listening device, interference with telephone calls, and unauthorized opening of letters and telegrams are also invasion to one’s privacy.

Intentional Infliction of Emotional Distress Requires an intentional or reckless act by the defendant that is outrageous or extreme. Causes the victim to suffer severe emotional distress.

Trespass to Land The tort of trespass to land is entry onto the property of another without the owner's consent. Dumping rubbish on the land of another or breaking the windows of a neighbor’s house are also trespasses.

Conversion Conversion occurs when someone’s personal property (a diamond ring) is stolen, destroyed or used in a manner inconsistent with the owner’s rights. A thief is always a converter. (the one who steals the item, and thus causes a conversion of the item.)

Interference with Contractual Relations Interference with Contractual Relations is a tort in which a third party entices or encourages a breach to the contract between two parties. The third party may be liable for the injury and have to pay damages. (Example: You agree to sell your cell phone to Joe through a written or verbal agreement. Bill comes along and offers you more money for the cell phone and so you end up selling the cell phone to Bill. You and Bill have committed a tort and are liable.)

Fraud Fraud occurs when there is an intentional misrepresentation of an existing important fact (that is, a lie). The misrepresentation must be made with the intent of inducing someone to enter into a contract.