Intentional Torts Negligence Strict Liability Ch. 5-2 Intentional Torts Negligence Strict Liability

Assault- One person intentionally puts another in reasonable fear of an offensive or harmful bodily contact. Can be based on words or gestures

Battery- Harmfully or offensively touching another person. Usually battery is preceded by assault. Raise a fist (assault), then punch someone in the face (battery). Incidental harmful or offensive touching is NOT considered battery (sneezing) Consensual harmful touching is not considered battery (football, boxing)

False imprisonment- Keeping someone in a confined area against their will and without lawful privilege. Hostage situations

Defamation- A false statement that injures a person’s reputation or good name. Must be false, communicated to a third person, bring the victim into disrepute, contempt, or ridicule by others Slander: Spoken defamation Libel: Written or printed defamation

Invasion of privacy- The uninvited intrusion into an individual’s personal relationships and activities in a way likely to cause shame or mental suffering in an ordinary person. Unnecessary publicity regarding personal matters.

Trespass to land- Entry onto the property of another without the owner’s consent. Intent IS required in order for trespassing. But only intent to be on that particular property

Negligence Reasonable person standard: Requires that you act with the care, prudence, and good judgment of a reasonable person so as not to cause injury to others.

Defenses of Negligence Contributory negligence- More than one party was negligent. Comparative negligence- Awarded damages based on proportion of negligence Assumption of risk- Plaintiffs are aware of danger, but decide to subject themselves to that risk.

Strict Liability- A defendant can be held liable if he or she merely engaged in a particular activity that resulted in injury, regardless of whether or not he or she was negligent.