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Published byArnold McKenzie Modified over 9 years ago
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Intentional Torts Chapter 19
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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
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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
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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
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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
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