intentional torts. what are intentional torts? actions that you take deliberately to cause harm two...
TRANSCRIPT
Intentional Torts
What are Intentional Torts?
• Actions that you take deliberately to cause harm
• Two types – those causing injury to people and those causing injury to property
• In court, the focus is the intent to do the act, not the desire to cause harm
Damages
Compensatory damages – awarded to compensate for the harm caused by the defendant (pays for lost wages, hospital bills, pain and suffering)
Nominal damages – a token amount of money awarded by the court to show that a plaintiff’s claim was justified
Punitive damages – money awarded to the plaintiff to punish the defendant for malicious, willful, or outrageous acts
Torts that Injure People
• Battery – occurs when a person intentionally causes harmful or offensive contact with another person (offensive – whatever would offend the average person)
• Assault – someone makes a person fear an immediate harmful act (can be an intentional threat, force, or movement that causes reasonable fear)
Torts that Injure People
Infliction of emotional distress – intentionally using words or actions that are meant to scare someone, cause extreme anxiety, or emotional distress
False Imprisonment – when someone intentionally or wrongfully confines a person against his or her will
Defamation
• Harming a person’s reputation• Slander – oral statements that harm a
person’s reputation• Libel – written statements that harm a
person’s reputation
Torts that Harm Property
3 types of property Real property – land and the items
attached to it Personal property – property that
can be moved Intellectual property – ownership
interest in creations of a person’s mind
Real Property Torts
• Trespassing – entering a person’s property without permission
• Attractive nuisance doctrine – property owners must take reasonable care to eliminate a dangerous condition on their land or to protect children from injury where they are likely to trespass
• Nuisance – an unreasonable interference with your ability to use and enjoy your property
• Injunction- a court order to do, or not do, a certain act
Personal and Intellectual Property
Conversion – when someone unlawfully exercises control over another’s property
Patent – official recognition of your ownership of an invention
Copyright – official recognition of some form of creative expression (writing, music, movie, etc.)
Infringement – when someone uses a copyrighted or patented work
Defenses to Intentional Torts
• Consent – arguing that the plaintiff agreed to the harmful conduct and gave up the right to sue
• Privilege – justifying an action because the defendant’s (or public’s) interests require it – legal authority
• Self defense – using force to protect yourself, as long as the actions are not excessive
• Defense of property – same as self defense, but for property