Tort Law 2: Intentional Torts Mr. Garfinkel 3/3/14

Intentional Torts An intentional tort must be proven to be done on purpose in order for the plaintiff to recover damages o But, only the act itself must be intentional; there does not need to be any malicious intent o Example: If someone throws something at you, hoping to hit you harmlessly, and injures you, that is still an intentional tort because the act of throwing the object was intentional.

Types of Damages Compensatory: Compensates for harm caused by the defendant o i.e. hospital bills, lost wages, destroyed property Punitive: Damages awarded to punish to defendant for malicious, willful, or outrageous acts. Nominal Damages: Symbolic awards of money to recognize that the defendant was wrong

Torts that injure persons: battery Battery: Occurs when a person intentionally causes a harmful or offensive contact (Anything an ordinary person would consider offensive) with another person. o In these cases, the defendant is responsible for all resulting damages, no matter the intent. Examples?

Torts that injure persons: assault Assault: Occurs when a person intentionally puts someone in fear of immediate harm or offensive contact o The fear must be reasonable: would a normal person fear harm or offense by the action?

Torts that injure persons: Infliction of Mental Distress Infliction of Mental Distress: Intentionally using words or actions that are meant to cause someone fright, extreme anxiety, or mental distress. o No physical injury is necessary, but the defendant’s conduct must be quite outrageous and the plaintiff must experience serious distress. o Examples and potential defenses to this? Take a look at 220, the Case of...

Torts that injure persons: False Imprisonment False Imprisonment: Occurs when someone intentionally and wrongfully confines another person against their will. o Suspected shoplifters sometimes sue shopkeepers when they are detained- if they are successful depends on if the shopkeeper acted reasonably o Difficult to sue the police for this as they a right to detain someone if they believe there is “probable cause” a crime has been committed or if there is “reasonable suspicion” a person is engaged in criminal activity. o Pg. 222 and 223

Torts that injure persons: Defamation Defamation: Includes libel (written) and slander (spoken), occurs when a person makes a false statement that is communicated to a 3rd party that harms the plaintiff. o If the statement is true, its not defamation o Opinions are also protected o To win a suit against the media, must prove malice (knowledge of falsity or reckless disregard for the truth)