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Intentional Torts. What are Intentional Torts? Actions that you take deliberately to cause harm Two types – those causing injury to people and those causing.

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Presentation on theme: "Intentional Torts. What are Intentional Torts? Actions that you take deliberately to cause harm Two types – those causing injury to people and those causing."— Presentation transcript:

1 Intentional Torts

2 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

3 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

4 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)

5 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

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

7 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

8 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

9 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

10 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


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