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Intentional Torts Chapter 19. Intentional Torts Actions taken to deliberately harm another person or their property Two types of torts: 1.Injury to person.

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Presentation on theme: "Intentional Torts Chapter 19. Intentional Torts Actions taken to deliberately harm another person or their property Two types of torts: 1.Injury to person."— Presentation transcript:

1 Intentional Torts Chapter 19

2 Intentional Torts Actions taken to deliberately harm another person or their property Two types of torts: 1.Injury to person 2.Harm to property

3 Types of Damages Compensatory Damages ◦ Money the court requires a defendant to pay a winning plaintiff to make up for harm caused  Financial (lost wages, medical expenses)  Physical (past, present, future pain and suffering)  Emotional (fright, shock, anxiety)

4 Damages cont’d Nominal Damages ◦ Token amount of money awarded by a court to a plaintiff to show that the claim was justified  A slap in the face resulting in a fine Punitive Damages ◦ Amounts of money awarded to the plaintiff to punish the defendant for malicious, willful, or outrageous acts  Shooting a gun at someone (even if missed) After an assault, one can hope to recover: ◦ Compensation for mental suffering (such as fright or embarrassment) along with any physical injury

5 Infliction of Emotional Distress Intentionally using words or actions that are meant to cause someone extreme anxiety or emotional distress ◦ No physical injury required ◦ Must be outrageous  Bill collectors have been sued for this ◦ Recovery for this tort is limited

6 False Imprisonment The intentional or wrongful confinement of another person against his or her will ◦ Shoplifters cannot be detained unreasonably as they attempt to leave a store  No more restraint than is necessary

7 Torts related to Defamation Defamation ◦ Acts that harm a person’s reputation  False statements ◦ Slander  Oral defamation ◦ Libel  Written defamation Must prove the statement is false and caused harm ◦ Paparazzi

8 Real Property Land and the items attached to it  House, crops, fences ◦ Trespass  When a person enters another person’s property without permission ◦ Attractive Nuisance  If a person keeps something likely to attract children, one must take responsible steps to protect children against danger  Pool ◦ Nuisance  When there is an unreasonable interference with your ability to use and enjoy your property  Loud music, bars ◦ Injunction  Requires a person to do, or refrain from doing an act

9 Personal Property Property that can be moved ◦ Cars, clothing, appliances Conversion ◦ When someone unlawfully exercises control over personal property of another  A person can be criminally charged with burglary, but they can also have a civil suit of conversion against them as well

10 Intellectual Property Creations of the personal mind Patent ◦ Recognizes your ownership of an invention  Machines, new products Copyright ◦ Recognizes ownership over creative expression  Songs, written word, paintings Infringement ◦ Illegal use of someone’s intellectual property Patents are created for inventions that have never been done before and require a legal process to protect it while copyrights are automatic and do not require a legal process

11 Defenses to Intentional Torts Consent ◦ Plaintiff agreed to harmful conduct and thus gave up the right to sue later  Written, spoken, assumed  Children playing at a playground Privilege ◦ Justifies conduct because the defendant’s interest (or the public’s) requires it  Police, parents, owners of property


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