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Published byCaren Strickland Modified over 9 years ago
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Intentional Torts Injury to Persons
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Review of Negligence 4 elements ▫Duty ▫Breach ▫Causation ▫Damages
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Intent Doing something on purpose ▫Want, desire, purpose, for the consequence to happen OR ▫Know to a substantial certainty that the consequence will happen
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Battery 4 elements: intent, chose to commit the act a harmful or offensive contact to the plaintiff’s person
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Intentional Infliction of Emotional Distress (IIED) 3 elements intentional or reckless behavior extreme and outrageous the cause of severe emotional distress.
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False Imprisonment 3 elements Restraint of person Plaintiff’s physical liberty lost Plaintiff suffers loss of freedom
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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
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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
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