Chapter 19

 Understand the categories of damages that can be recovered in intentional tort cases  Be able to identify various types of intentional torts, and the elements of each  Be able to apply the principles of tort law to sample fact patterns to determine what torts have been committed

 Compensatory —damages that compensate the plaintiff for harm caused by the defendant  Examples?  Lost wages, medical bills, “pain and suffering,” loss of consortium  Nominal— a small or “token” amount of damages awarded as a symbol of wrongdoing  Punitive —damages to punish the person committing the intentional tort

 Battery—intentional harmful or offensive contact (touching)  Examples?  Shoving, hitting, slapping  What about a kiss?  A tap on the shoulder?

 Assault—action that puts another person in fear of an immediate harmful or offensive contact  Actual contact is not required  Question: Is it possible to assault an unconscious person?

 Infliction of emotional distress—words or actions intended to cause extreme anxiety or emotional distress  Conduct must be outrageous  Would these statements/actions qualify?  “You’re really ugly!”  “Nobody would ever want to kiss you!”  Probably not.  Example that would?

 False Imprisonment—intentional, wrongful confinement of a person against his will  Example: restraining a suspected shoplifter  Allowed, but must be reasonably brief and use no greater restraint than necessary to protect property

 Defamation—oral (slander) or written (libel) statements that are false, and which harm a person’s reputation  Must be a statement of fact, not opinion  “Public figures” must prove actual malice (intent to harm, not just intent to say something)

 Real property—land/real estate  Personal property—things that can be moved  Intellectual property—inventions and creative works  All are protected in our system!

 Trespass—entry onto real property without owner’s permission  Can a trespasser sue you for damages if they hurt themselves while trespassing?  Only for things like booby-traps  Or children— attractive nuisance doctrine  Higher duties are owed to guests and business invitees

 Nuisance—unreasonable interference with ability to use and enjoy property  Examples?  Repetitive loud noises at unreasonable times of day  Odors  Plaintiff can recover damages and/or receive injunctive relief (stop doing it!)

 Conversion—unlawfully exercising control over another person’s personal property  May use reasonable force to protect property  Some states allow use of deadly force (“Make My Day” laws)

 Infringement—unauthorized use of a patented or copyrighted work  Patents protect inventions for 20 years; after that, the invention becomes public domain  Must be granted by US Patent and Trademark office (  Copyrights apply automatically when a work is created (registration still recommended)  Covers the work for the lifetime of the holder, plus 70 years  Derivative works  First sale  Fair use

 Consent—no intentional tort occurs if a person consents to the conduct (e.g., football players, boxers, wrestlers)  Privilege—some persons have lawful authority over others (police, parents, etc.)  Self-defense—must use reasonable force  Defense of property

 Work in pairs to answer problem 19.1 (p. 231) and the three “You Be the Judge” activities on pp. 234, 239 and 248  Turn in for class participation credit