Intentional Torts

What are Intentional Torts? Actions that you take deliberately to cause harm Two types – those causing injury to people and those causing injury to property In court, the focus is the intent to do the act, not the desire to cause harm

Damages Compensatory damages – awarded to compensate for the harm caused by the defendant (pays for lost wages, hospital bills, pain and suffering) Compensatory damages – awarded to compensate for the harm caused by the defendant (pays for lost wages, hospital bills, pain and suffering) Nominal damages – a token amount of money awarded by the court to show that a plaintiff’s claim was justified Nominal damages – a token amount of money awarded by the court to show that a plaintiff’s claim was justified Punitive damages – money awarded to the plaintiff to punish the defendant for malicious, willful, or outrageous acts Punitive damages – money awarded to the plaintiff to punish the defendant for malicious, willful, or outrageous acts

Torts that Injure People Battery – occurs when a person intentionally causes harmful or offensive contact with another person (offensive – whatever would offend the average person) Assault – someone makes a person fear an immediate harmful act (can be an intentional threat, force, or movement that causes reasonable fear)

Torts that Injure People Infliction of emotional distress – intentionally using words or actions that are meant to scare someone, cause extreme anxiety, or emotional distress Infliction of emotional distress – intentionally using words or actions that are meant to scare someone, cause extreme anxiety, or emotional distress False Imprisonment – when someone intentionally or wrongfully confines a person against his or her will False Imprisonment – when someone intentionally or wrongfully confines a person against his or her will

Defamation Harming a person’s reputation Slander – oral statements that harm a person’s reputation Libel – written statements that harm a person’s reputation

Torts that Harm Property 3 types of property 3 types of property Real property – land and the items attached to it Real property – land and the items attached to it Personal property – property that can be moved Personal property – property that can be moved Intellectual property – ownership interest in creations of a person’s mind Intellectual property – ownership interest in creations of a person’s mind

Real Property Torts Trespassing – entering a person’s property without permission Attractive nuisance doctrine – property owners must take reasonable care to eliminate a dangerous condition on their land or to protect children from injury where they are likely to trespass Nuisance – an unreasonable interference with your ability to use and enjoy your property Injunction- a court order to do, or not do, a certain act

Personal and Intellectual Property Conversion – when someone unlawfully exercises control over another’s property Conversion – when someone unlawfully exercises control over another’s property Patent – official recognition of your ownership of an invention Patent – official recognition of your ownership of an invention Copyright – official recognition of some form of creative expression (writing, music, movie, etc.) Copyright – official recognition of some form of creative expression (writing, music, movie, etc.) Infringement – when someone uses a copyrighted or patented work Infringement – when someone uses a copyrighted or patented work

Defenses to Intentional Torts Consent – arguing that the plaintiff agreed to the harmful conduct and gave up the right to sue Privilege – justifying an action because the defendant’s (or public’s) interests require it – legal authority Self defense – using force to protect yourself, as long as the actions are not excessive Defense of property – same as self defense, but for property