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By Richard A. Mann & Barry S. Roberts
Business Law and the Regulation of Business Chapter 7: Intentional Torts By Richard A. Mann & Barry S. Roberts
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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
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Harm to the Person Battery – intentional infliction of harmful or offensive bodily contact. Assault – intentional infliction of apprehension of immediate bodily harm or offensive contact. False Imprisonment – intentional confining of a person against her will. Infliction of Emotional Distress – extreme and outrageous conduct intentionally or recklessly causing severe emotional distress.
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Intent Intent No Intent Yes No Yes No
Does defendant desire to cause consequences? No Intent Does defendant believe consequences are substantially certain to result? Yes No No Intent
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Harm to the Right of Dignity
Defamation – false communication that injures a person's reputation. Libel – written or electronically transmitted defamation. Slander – spoken defamation. Defenses – truth, absolute privilege, conditional privilege, and constitutional privilege are defenses to a defamation action.
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Invasion of Privacy Appropriation – unauthorized use of a person's identity. Intrusion – unreasonable and offensive interference with the seclusion of another. Public Disclosure of Private Facts – offensive publicity of private information. False Light – offensive and false publicity about another.
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Harm to Property Real Property – land & anything attached to it.
Trespass – wrongfully entering land of another. Nuisance – a nontrespassory interference with another's use and enjoyment of land. Personal Property –property other than land. Trespass – an intentional taking or use of another's personal property. Conversion – intentional exercise of control over another's personal property.
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Harm to Economic Interests
Interference with Contractual Relations – intentionally causing one of the parties to a contract not to perform. Disparagement – publication of false statements about another's property or products. Fraudulent Misrepresentation – a false statement, with knowledge of its falsity, intended to induce another to act.
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Intentional Torts Interest Protected Interest Protected Tort Tort
Person Person Freedom from contract Freedom from contract Battery Battery Freedom from apprehension Freedom from apprehension Assault Assault Freedom of movement Freedom of movement False imprisonment False imprisonment Freedom from distress Freedom from distress Infliction of emotional distress Infliction of emotional distress Dignity Dignity Reputation Reputation Defamation Defamation Privacy Privacy Appropriation Appropriation Intrusion Intrusion Public disclosure of private facts Public disclosure of private facts False light False light Freedom from wrongful legal Misuse of legal procedure actions Freedom from wrongful legal actions Misuse of legal procedure Property Property Real Real Trespass Trespass Nuisance Nuisance Personal Personal Trespass Trespass Conversion Conversion Economic Economic Contracts Contracts Interference with contractual rights Interference with contractual rights Goodwill Goodwill Disparagement Disparagement Freedom from deception Freedom from deception Fraudulent misrepresentation Fraudulent misrepresentation
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Defenses to Intentional Torts
Consent – a person may not recover for injury to which he willingly and knowingly consents. Self-Defense – a person may take appropriate action to prevent harm to himself where time does not allow resort to the law.
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