Intentional Torts Chapter 19
Intentional Torts Actions taken to deliberately harm another person or their property Two types of torts: 1.Injury to person 2.Harm to property
Types of Damages Compensatory Damages ◦ Money the court requires a defendant to pay a winning plaintiff to make up for harm caused Financial (lost wages, medical expenses) Physical (past, present, future pain and suffering) Emotional (fright, shock, anxiety)
Damages cont’d Nominal Damages ◦ Token amount of money awarded by a court to a plaintiff to show that the claim was justified A slap in the face resulting in a fine Punitive Damages ◦ Amounts of money awarded to the plaintiff to punish the defendant for malicious, willful, or outrageous acts Shooting a gun at someone (even if missed) After an assault, one can hope to recover: ◦ Compensation for mental suffering (such as fright or embarrassment) along with any physical injury
Infliction of Emotional Distress Intentionally using words or actions that are meant to cause someone extreme anxiety or emotional distress ◦ No physical injury required ◦ Must be outrageous Bill collectors have been sued for this ◦ Recovery for this tort is limited
False Imprisonment The intentional or wrongful confinement of another person against his or her will ◦ Shoplifters cannot be detained unreasonably as they attempt to leave a store No more restraint than is necessary
Torts related to Defamation Defamation ◦ Acts that harm a person’s reputation False statements ◦ Slander Oral defamation ◦ Libel Written defamation Must prove the statement is false and caused harm ◦ Paparazzi
Real Property Land and the items attached to it House, crops, fences ◦ Trespass When a person enters another person’s property without permission ◦ Attractive Nuisance If a person keeps something likely to attract children, one must take responsible steps to protect children against danger Pool ◦ Nuisance When there is an unreasonable interference with your ability to use and enjoy your property Loud music, bars ◦ Injunction Requires a person to do, or refrain from doing an act
Personal Property Property that can be moved ◦ Cars, clothing, appliances Conversion ◦ When someone unlawfully exercises control over personal property of another A person can be criminally charged with burglary, but they can also have a civil suit of conversion against them as well
Intellectual Property Creations of the personal mind Patent ◦ Recognizes your ownership of an invention Machines, new products Copyright ◦ Recognizes ownership over creative expression Songs, written word, paintings Infringement ◦ Illegal use of someone’s intellectual property Patents are created for inventions that have never been done before and require a legal process to protect it while copyrights are automatic and do not require a legal process
Defenses to Intentional Torts Consent ◦ Plaintiff agreed to harmful conduct and thus gave up the right to sue later Written, spoken, assumed Children playing at a playground Privilege ◦ Justifies conduct because the defendant’s interest (or the public’s) requires it Police, parents, owners of property