Business Law and the Regulation of Business Chapter 7: Intentional Torts By Richard A. Mann & Barry S. Roberts

Topics Covered in this Chapter A.Harm to the Person B.Harm to Right of Dignity C.Harm to Property D.Harm to Economic Interests

Harm to the Person n Battery – intentional infliction of harmful or offensive bodily contact. n Assault – intentional infliction of apprehension of immediate bodily harm or offensive contact. n False Imprisonment – intentional confining of a person against her will. n Infliction of Emotional Distress – extreme and outrageous conduct intentionally or recklessly causing severe emotional distress.

Intent Does defendant desire to cause consequences? Does defendant believe consequences are substantially certain to result? No Intent Intent Yes No

Harm to the Right of Dignity n Defamation – false communication that injures a person's reputation. n Libel – written or electronically transmitted defamation. n Slander – spoken defamation. n Defenses – truth, absolute privilege, conditional privilege, and constitutional privilege are defenses to a defamation action.

Invasion of Privacy n Appropriation – unauthorized use of a person's identity. n Intrusion – unreasonable and offensive interference with the seclusion of another. n Public Disclosure of Private Facts – offensive publicity of private information. n False Light – offensive and false publicity about another.

Harm to Property n Real Property – land & anything attached to it. n Trespass – wrongfully entering land of another. n Nuisance – a nontrespassory interference with another's use and enjoyment of land. n Personal Property –property other than land. n Trespass – an intentional taking or use of another's personal property. n Conversion – intentional exercise of control over another's personal property.

Harm to Economic Interests n Interference with Contractual Relations – intentionally causing one of the parties to a contract not to perform. n Disparagement – publication of false statements about another's property or products. n Fraudulent Misrepresentation – a false statement, with knowledge of its falsity, intended to induce another to act.

Intentional Torts Interest ProtectedTort Person Freedom from contractBattery Freedom from apprehensionAssault Freedom of movementFalse imprisonment Freedom from distressInfliction of emotional distress Dignity ReputationDefamation Privacy Freedom from wrongful legal actions Misuse of legal procedure Property RealTrespass Nuisance PersonalTrespass Conversion Economic ContractsInterference with contractual rights GoodwillDisparagement Freedom from deceptionFraudulent misrepresentation Interest ProtectedTort Person Freedom from contractBattery Freedom from apprehensionAssault Freedom of movementFalse imprisonment Freedom from distressInfliction of emotional distress Dignity ReputationDefamation Privacy Misuse of legal procedure Property Real Nuisance Personal Conversion Economic ContractsInterference with contractual rights GoodwillDisparagement Freedom from deceptionFraudulent misrepresentation Freedom from wrongful legal actions Appropriation Intrusion Public disclosure of private facts False light Public disclosure of private facts Intrusion Appropriation Trespass

Defenses to Intentional Torts n Consent – a person may not recover for injury to which he willingly and knowingly consents. n Self-Defense – a person may take appropriate action to prevent harm to himself where time does not allow resort to the law.