Presentation is loading. Please wait.

Presentation is loading. Please wait.

Tort Law 2: Intentional Torts Mr. Garfinkel 3/3/14.

Similar presentations

Presentation on theme: "Tort Law 2: Intentional Torts Mr. Garfinkel 3/3/14."— Presentation transcript:

1 Tort Law 2: Intentional Torts Mr. Garfinkel 3/3/14

2 Intentional Torts An intentional tort must be proven to be done on purpose in order for the plaintiff to recover damages o But, only the act itself must be intentional; there does not need to be any malicious intent o Example: If someone throws something at you, hoping to hit you harmlessly, and injures you, that is still an intentional tort because the act of throwing the object was intentional.

3 Types of Damages Compensatory: Compensates for harm caused by the defendant o i.e. hospital bills, lost wages, destroyed property Punitive: Damages awarded to punish to defendant for malicious, willful, or outrageous acts. Nominal Damages: Symbolic awards of money to recognize that the defendant was wrong

4 Torts that injure persons: battery Battery: Occurs when a person intentionally causes a harmful or offensive contact (Anything an ordinary person would consider offensive) with another person. o In these cases, the defendant is responsible for all resulting damages, no matter the intent. Examples?

5 Torts that injure persons: assault Assault: Occurs when a person intentionally puts someone in fear of immediate harm or offensive contact o The fear must be reasonable: would a normal person fear harm or offense by the action?

6 Torts that injure persons: Infliction of Mental Distress Infliction of Mental Distress: Intentionally using words or actions that are meant to cause someone fright, extreme anxiety, or mental distress. o No physical injury is necessary, but the defendant’s conduct must be quite outrageous and the plaintiff must experience serious distress. o Examples and potential defenses to this? Take a look at 220, the Case of...

7 Torts that injure persons: False Imprisonment False Imprisonment: Occurs when someone intentionally and wrongfully confines another person against their will. o Suspected shoplifters sometimes sue shopkeepers when they are detained- if they are successful depends on if the shopkeeper acted reasonably o Difficult to sue the police for this as they a right to detain someone if they believe there is “probable cause” a crime has been committed or if there is “reasonable suspicion” a person is engaged in criminal activity. o Pg. 222 and 223

8 Torts that injure persons: Defamation Defamation: Includes libel (written) and slander (spoken), occurs when a person makes a false statement that is communicated to a 3rd party that harms the plaintiff. o If the statement is true, its not defamation o Opinions are also protected o To win a suit against the media, must prove malice (knowledge of falsity or reckless disregard for the truth)

Download ppt "Tort Law 2: Intentional Torts Mr. Garfinkel 3/3/14."

Similar presentations

Ads by Google