1. 6-1 McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.

2. 6-2 Chapter 06 Intentional Torts

3. 6-3 Introduction Torts – private (civil) wrongs against persons/propertyTorts – private (civil) wrongs against persons/property DamagesDamages –Compensatory – actual damages to pay for costs resulting from injuries –Punitive – excess of actual injuries to punish defendant & deter defendant/others from repeating Intentional – wrongdoer knew harm substantially certain to result from actionsIntentional – wrongdoer knew harm substantially certain to result from actions

4. 6-4 Crimes versus Intentional Torts

5. 6-5 Injury PhysicalPhysical Intangible harmsIntangible harms –Loss of privacy –Emotional distress –Injury to reputation Plaintiffs Burden of Proof – preponderance of evidencePlaintiffs Burden of Proof – preponderance of evidence

6. 6-6 Interference with Personal Rights Battery – an intentional, unconsented-to touching thats harmful/offensiveBattery – an intentional, unconsented-to touching thats harmful/offensive Assault – putting another in apprehension of imminent threat of physical safetyAssault – putting another in apprehension of imminent threat of physical safety False Imprisonment – intentional confinement for an appreciable time without consentFalse Imprisonment – intentional confinement for an appreciable time without consent –Confinement – restrict freedom of movement –Conditional privilege – detention allowed in a reasonable manner for a reasonable period of time where criminal behavior is suspected

7. 6-7 Intentional Infliction of Mental Distress – conduct must be outrageous – substantially certain to produce severe emotional distress in a person of ordinary sensibilitiesIntentional Infliction of Mental Distress – conduct must be outrageous – substantially certain to produce severe emotional distress in a person of ordinary sensibilities Defamation – publication of untrue statements injuring reputation or characterDefamation – publication of untrue statements injuring reputation or character –Libel – written –Slander – oral Privilege against defamation suitPrivilege against defamation suit –Absolute – never serve as successful basis for defamation –Conditionally – basis for suit if statement abuses privilege Interference with Personal Rights (contd)

8. 6-8 Privilege Against Defamation Public Officials – must prove actual malice, statement made with knowledge of falsity or disregard for truthPublic Officials – must prove actual malice, statement made with knowledge of falsity or disregard for truth Public Figures – Private persons who are famous or have involved themselves in public controversy – actual malicePublic Figures – Private persons who are famous or have involved themselves in public controversy – actual maliceactual maliceactual malice Conditional Privilege = fair and accurate reporting of public proceedings – includes statements made in furtherance of a legitimate business interestConditional Privilege = fair and accurate reporting of public proceedings – includes statements made in furtherance of a legitimate business interest

9. 6-9 Invasion of Privacy – right to be left alone -- can include true but private factsInvasion of Privacy – right to be left alone -- can include true but private facts Not Invasion of Privacy – publication of matters of public records or newsworthy mattersNot Invasion of Privacy – publication of matters of public records or newsworthy matters Corporations do not have a right to privacy (but do have a right to protect trade secrets)Corporations do not have a right to privacy (but do have a right to protect trade secrets) Use of a persons name or image for commercial purposes without consent is an invasion of privacyUse of a persons name or image for commercial purposes without consent is an invasion of privacy Interference with Personal Rights (contd)

10. 6-10 Misuse of Legal ProceedingsMisuse of Legal Proceedings –Malicious prosecution –Wrongful use of civil proceedings –Abuse of process Interference with Personal Rights (contd)

11. 6-11 Interference with Property Rights Trespass to Land – entry by a person onto land in possession of another without permissionTrespass to Land – entry by a person onto land in possession of another without permission Trespass to Personal PropertyTrespass to Personal Property –Harms property or –Deprives possessor of its use –Consent and privilege are defenses Conversion – unlawful taking/control of personal property of anotherConversion – unlawful taking/control of personal property of another

12. 6-12 Interference with Economic Relations Disparagement – false statement about personal behavior of persons in businessDisparagement – false statement about personal behavior of persons in business Interference with Contract – Intentionally inducing a person to breach contract with another or prevents performanceInterference with Contract – Intentionally inducing a person to breach contract with another or prevents performance Interference with Economic Expectations – use of force to drive away persons customers/employeesInterference with Economic Expectations – use of force to drive away persons customers/employees

13. 6-13 Summary