Intentional Torts OBE 118, Fall 2004 Professor McKinsey “Intended” Private Wrongs

Understanding Torts Torts are private wrongs Torts have elements that essentially must be memorized Definitions often contain the elements. Elements are like the ingredients in cake, skip one and you do not have a cake (or a tort)

Intentional Torts Wrongs where the person intends to do an act which will invade an interest of another and either knows or should know there is an appreciable risk to another from the act

Assault An intentional, un-privileged, un-excused, non- consensual act that (the act) creates in the mind of another person apprehension or fear of an immediate harmful and offensive touching (the injury).

Battery An intentional, un-privileged, un-excused, non- consensual harmful or offensive contact of another. Injury? – harmful or offensive contact

False Imprisonment The intentional un-privileged, non- consensual, confinement of another by physical barriers or by physical force or threats of force Shopkeepers Privilege: good faith, reasonable manner, reasonable cause and reasonable time Injury? – Victim suffered harm from confinement or knew of confinement

Intentional Infliction of Emotional Distress (IIED) Outrageous behavior resulting in severe emotional distress to another Usually physical symptoms required Intent? – Act with intent to cause emotional distress.

Defamation A false, unprivileged statement of fact communicated to a third person, which causes damage to a person’s or a product’s reputation. Slander- transitory, oral or spoken Libel – more permanent, written form Intent? – “ ” is required for public figures Injury? – To reputation by exposing to hatred, ridicule or contempt

Defamation- Privilege Absolute privilege – Governmental official performing duty – Members of congress – Judicial proceedings Qualified privilege (“lose if abused”) – Protect legitimate business interests (Credit reporting agencies) – Protect ones own personal interests (Trisha Tenant)

Defamation- Public Figures Public figures: must show actual malice on the part of tortfeasor Media has a privilege to defame public figures Actual malice:

Fraud Intentional misrepresentation of a material fact which is justifiably relied upon by another and causes damages. Intent?- Two of them! –Intent to mislead, (knowledge of falseness) –Intent to induce reliance on misrepresentation

Business Torts Tortious Interference with a Contract (getting someone to breach a contract) Tortious Interference with a Prospective Advantage (getting someone to drop out of a probable or existing business relationship with another)

Invasive Torts Intrusion Disclosure of Embarrassing Private Facts False Light Commercial Exploitation

Damages Two basic categories of damages Punish- Compensate for injuries- Specific DamagesGeneral Damages

The Bigger Picture of Torts Traditional “Common Law” Torts New “Statutory” Torts When people can require compensation for injuries caused by another