Chapter 19: Intentional Torts

Intentional Torts Actions taken to deliberately harm another person or their property are called intentional torts. Two Types Cause injury to a person Cause harm to property Intentional torts are actions taken with the intent to harm another person or another's property. The intent to harm does not have to be hostile or immoral. The law of intentional torts only requires that the person causing the harm either knew or should have known that his or her actions would result in harm.

Types of Damages compensatory damages - damages to make up for the harm caused. Usually monetary and can include What was damaged Hospital Bills Pain and suffering Lost work wages Types of Damages A victim of an intentional tort can recover damages. There are three types of damages—compensatory, nominal, and punitive. Damages that pay, or compensate, an injured person for being harmed are called compensatory damages. They may include costs that have resulted or are expected to result from the injury. If a plaintiff is unable to show financial loss, the jury may award nominal damages. Nominal damages involve a small amount of money that the defendant must pay in order to show that the defendant was wrong. Punitive damages are awarded to punish a defendant whose actions were malicious, willful, or outrageous. Juries usually decide how much money is appropriate.

Nominal Damages - awarded to recognize that the defendant acted wrongfully even though he or she did not cause substantial injury or loss.

Punitive damages - amounts of money awarded to punish the defendant for malicious, willful, or outrageous acts. Serve as a warning to others not to engage in such conduct. The Judgment in a Civil Case may include all three types of damages

Quick Activity With your partner do the following Define Assault in your own Words Define Battery in your own Words

Torts that Injure Persons Battery – making aggressive physical contact with another that results in harm. Assault - when a person goes beyond mere words and intentionally makes someone fear an immediate harmful contact There are of course exceptions, can you think of any? Torts That Injure Persons One category of intentional torts is those that cause injury to persons. These types of torts include battery—in which a person intentionally makes contact with another person in a harmful or offensive way—and assault—which occurs when a person intentionally causes someone to fear immediate harm. Other examples of torts that injure persons are infliction of emotional distress, false imprisonment, and defamation. Defamation includes acts that harm a person's reputation. Slander is the intentional attack on someone's reputation through spoken words that are false. Libel is intentionally writing false information to injure another person's reputation.

Torts that Injure Persons cont 3. Infliction of Emotion Distress - intentionally using words or actions that are meant to cause someone extreme anxiety or emotional distress. The actions must be outrageous and go beyond mere insults

Torts that Injure Persons cont 4. False Imprisonment - when someone intentionally and wrongfully confines another person against his or her will.

Torts that Injure Persons cont 5. Defamation – Acts that damage a persons reputation and can be oral (Slander) or written (Libel) True Statements and Opinions cannot be defamatory The plaintiff must prove that they were damaged

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 it protects against the property being taken or damaged. Three kinds of property are protected: real property personal property intellectual property Torts That Harm Property Intentional torts may harm a person's real, personal, or intellectual property. Trespass is a tort in which a person enters another person's private property without permission. A nuisance is a tort that occurs when someone interferes with your ability to use and enjoy your own property, even if the person has never physically entered your property. The tort of conversion occurs when someone unlawfully takes, damages, or interferes with another's personal property. Patents and copyrights exist to protect the ideas, inventions, and creative works of an individual. A person who interferes with someone's patent or copyright through unauthorized use of the ideas may be found guilty of the tort of infringement.

Real Property Definition - land and the items attached to it, such as houses, crops, and fences Trespass – Someone enters your property without permission and damages your property Nuisance – when there is unreasonable interference with your ability to use or enjoy your property. An Injunction may be obtained to stop the interference Injunctions – Court Orders to do, or not to do, a specific act

Personal Property Definition - property that can be moved, such as cars, clothing, and appliances. Ex, theft is a tort

Intellectual Property Definition - the ownership interest in creations of a person’s mind Terms of protection 1. Patents protect Inventions 2. Copyright protects creative expressions (songs) Downloading, copying, distributing copyrighted works is illegal both criminally and is a tort

Defense to Intentional Torts Consent – Is the most common. The plaintiff agreed to the harmful conduct. The agreement can be written, spoken, assumed or implied Privilege – Certain groups may because of their position do not commit a tort that would be a tort if done by another group. Examples parents and police. Self-Defense – Using a reasonable amount of force to repel an attacker Stand-your-ground Law – GA law allowing one to use deadly force to protect ones home Defenses to Intentional Torts There are certain defenses a person may use to try to prove that he or she should not be found liable for an intentional tort. These reasons include consent, privilege, self-defense, and defense of property. Consent is the most common defense to a tort. The defendant argues that the plaintiff agreed to the harmful conduct and should not be able to sue. Privilege justifies behavior that would otherwise be a tort when it serves the public interest. Self-defense and defense of property justify the use of certain force to protect one's person or property.