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