Intentional Torts Objectives: By the end of classes, students will be able to: Describe intentional torts, the damages that may be awarded for each, and the defenses to each.

Intentional Torts Intentional torts – actions taken to deliberately harm another person or their property. There are two types of intentional torts: Those causing injury to persons Those causing harm to property In the law of torts, the required intent is to do the forbidden act; not a bad motive or a desire to cause harm. Intentional Torts

Types of Damages A person who proves that someone else committed in intentional tort against him or her can recover damages: Compensatory Damages – damages to make up for the harm caused. Medical costs, Lost wages, pain and suffering To receive compensatory damages the plaintiff must prove any future losses with reasonable certainty to the trier of fact. Nominal Damages – damages amounting to a token amount of money awarded by the court to show that the claim was justified. Largely symbolic Punitive Damages – amounts of money awarded to the plaintiff to punish the defendant for malicious, willful, or outrageous acts. Punitive damages serve as a warning to others not to engage in specific conduct.

Torts That Injure Persons Battery – battery occurs when a person intentionally causes a harmful or offensive contact with another person. The perpetrator is liable for all resulting damages regardless of whether he wanted or expected the contact to cause injury. Offensive contact – any contact that a reasonable person would find offensive. Assault – assault occurs when a person goes beyond mere words and intentionally makes someone fear an immediate harmful or offensive contact. May result from an intentional threat, show of force, or movement that causes a reasonable fear. For assault to occur, the fear of harmful or offensive contact must be reasonable or well- founded. Plaintiffs may recover compensation for mental suffering (fright or embarrassment) and physical injury.

Torts That Injure Persons Infliction of Emotional Distress – A person commits this tort by intentionally using words or actions that are meant to cause someone extreme anxiety or emotional distress. Actual physical injury is not required for the plaintiff to recover damages. Defendants conduct must be quite outrageous. Plaintiffs emotional distress must be proven. Mere insults are not enough to form the basis for any emotional distress claim. Note: Recovery for this tort is sharply limited to keep the legal system from being flooded with lawsuits brought by persons suffering from unkind and inconsiderate acts. The ability to prove the extreme sensitivity of the plaintiff is a defense to this claim.

Torts That Injure Persons False imprisonment – this tort protects a persons right to be free from unreasonable restraint. False imprisonment occurs when someone intentionally and wrongfully can find another person against his or her will. The law acknowledges the need to balance and individuals right to be free from confinement with an injured parties right to protect his or her property from theft. Shopkeepers for example enjoy the “shopkeeper’s privilege” alright to temporarily detain a person suspected of shoplifting. However temporary detention must be reasonable and amount to know more restraint than is necessary to protect one’s property.

Torts That Injure Persons Torts related to defamation: Defamation includes acts that harm a person’s reputation and can be classified as oral or written. Slander – oral statements that harm reputation. Libel – written statements that cause defamation. Damages are often more difficult to prove for slander and libel. Defamation – defamation occurs when someone makes a false statement about another person that is communicated to a third-party, causing harm to persons reputation. Proving that the offensive statement is true is a complete defense in a defamation lawsuit. Statements of opinion are also usually protected. To win a defamation suit against the media A public figure must prove not only that a statement was false and caused harm, but also that the statement was made with actual malice (actual knowledge of falsity or with reckless disregard for truth).

Student Practice/ Application: Intentional Torts 1. Read pages 219-229 in your Street Law text books. 2. Complete Problems: 18.4-18.11

Torts That Harm Property Tort law protects a person’s property in two ways: It protects against interference with the owner’s exclusive use of the property, and It protects against the property being taken or damaged. Three kinds of property are protected: Real property - land in the items attached to it Personal property - property that can be moved Intellectual-property - ownership interest in creations of a persons mind

Real Property Trespass – the tort of trespass occurs when a person enters another person’s property without permission. The property owner can recover damages from the trespasser even if there is no harm to the property because the law protects the owner’s exclusive right to the property. In general, A property owner is not liable if they trespasser is injured on the owner’s property. However, if the trespasser is too young to appreciate a dangerous condition on your property the property owner may be held liable for the child’s injury. Attractive nuisance doctrine - Generally, property owners are responsible to use reasonable care to eliminate a dangerous condition on their land or to otherwise protect children when the condition presents an unreasonable risk of serious injury where children are likely to trespass. Guests & Invitees – in most states a legal duty exists to warn guests and invitees of any known danger on your property; A higher duty is imposed on business owners. (reasonable care standard).

Real Property Nuisance – the tort of nuisance occurs when there is an unreasonable interference with your ability to use and enjoy your property. Courts will balance the usefulness of the offending activity against the harm caused. A property owner does not have a right to be free from all interference with the use and enjoyment of his property, only unreasonable interference. Damages may be recovered in a nuisance suit. An injunction (court order to stop an activity) may also be awarded.

Personal Property Tour law provides compensation to someone whose personal property is taken, damaged, or interfered with. Conversion – conversion occurs when someone unlawfully exercises control over the personal property of another person. Reasonable nonviolent means of protection may always be used to protect real property or to recover personal property. Reasonable force can also be used to protect property. What is reasonable, depends on the situation.

Intellectual Property Intellectual property includes any property that is a creation of the mind. Patent – A patent recognizes your ownership of something you have invented. Copyright – recognizes the ownership of some form of creative expression. (book, movie, computer program, song) Copyrights and patents are subject to registration and time limitations imposed by the federal government and states. Infringement – patent and copyright infringement occurs when someone uses a patented or copyrighted work without permission of the patent or copyright holder.

Defenses to Intentional Torts A defendant may escape liability for committing a tort if the defendant can prove that he or she has a valid defense. Consent – the plaintiff consented, or agreed to the harmful conduct and thus gave up the right to sue later. (maybe written, Spoken, or simply assumed based on the situation) Privilege – privilege justifies conduct that would otherwise be at tort, because the defendants interests (or those of the public) require it. (police restraint during in arrest) Self-defense – use of reasonable force to protect or defend yourself. Defense of property – allows people to use reasonable force to defend their homes or property; Deadly force is generally not considered reasonable when defending property however the Castle doctrine is an exception to this rule.