Intentional Torts Injury to Persons
Review of Negligence 4 elements ▫Duty ▫Breach ▫Causation ▫Damages
Intent Doing something on purpose ▫Want, desire, purpose, for the consequence to happen OR ▫Know to a substantial certainty that the consequence will happen
Battery 4 elements: intent, chose to commit the act a harmful or offensive contact to the plaintiff’s person
Intentional Infliction of Emotional Distress (IIED) 3 elements intentional or reckless behavior extreme and outrageous the cause of severe emotional distress.
False Imprisonment 3 elements Restraint of person Plaintiff’s physical liberty lost Plaintiff suffers loss of freedom
Defamation Slander: Untrue oral statements that harm a person’s reputation Libel: Untrue written statements that harm a person’s reputation Media protected by freedom of press- must prove actual malice for lawsuit
Defenses Consent: plaintiff agreed to harmful conduct ▫Children horseplaying Privilege: legal authority justifies conduct ▫Police officers, parents, property owners Self-defense: reasonable force to protect oneself ▫Fending off “beat-downs” ▫Mutual combat (fights) not considered