Intentional Torts Chapter 19

Intentional Torts To qualify as an intentional tort, the act must occur. Two Types –Those causing injury to persons –Those causing harm to property Types of Damages –Compensatory damages: money –Nominal damages: symbolic awards –Punitive damages: to act as a deterrent If there is a legal defense then no damages are awarded

Intentional Torts Torts that injure persons –Battery (requires contact) –Assault (requires fear) –Infliction of Emotional Distress More than just insults –False Imprisonment –Defamation Libel and Slander Opinion is protected

Intentional Torts Torts that harm property –Real Property Trespassing –You may recover damages even if no harm is done –However landowners must use reasonable care to eliminate a dangerous condition –Businesses are held to a higher standard Nuisance: unreasonable interference with your ability to use and enjoy your property –Personal Property Theft (the tort is conversion) Reasonable force can be used to protect property “Make My Day” laws

Intentional Torts Torts that harm property –Intellectual Property Patent – 20 years Copyright – lifetime plus 70 years A person who uses the patented or copyrighted work commits a tort called infringement Fair Use Clause Defenses to Intentional Torts –Consent –Privilege Legal authority Self-defense Defense of property