CHAPTER 18
Intentional Torts
TWO TYPES OFINTENTIONAL TORTS
1. Causing injury to person
2. Causing harm to property
THREE TYPES OF DAMAGES AWARDED
1. Compensatory
2. Nominal
3. Punitive
COMPENSATORY
• Compensates for the harm caused to cover:
-- medical bills
-- lost wages
-- pain and suffering
NOMINAL
• A token/symbolic amount awarded
• YES, a wrong was committed
• BUT, not enough to cause severe damage/loss
PUNITIVE
• $$ awarded to punish wrongdoer for acting:
– Maliciously– Willfully– Outrageously
• Also a good warning to others to avoid doing the same act.
MOST COMMON INTENTIONAL TORTS
1. Battery
2. Assault
3. Mental distress
4. False imprisonment
5. Defamation
BATTERY
• Intentionally causing
harm/offensive contact
• Wrongdoer liable for all resulting damages
• Doesn’t matter if wrongdoer did not intent AS MUCH harm to occur
EXAMPLE: shoving another, stumbles backward thru window
ASSAULT• A wrongdoer intentionally puts another in
fear of immediate harm/offensive contact.
• Fear must be reasonable or well-founded (could really happen).
• Mental disturbance (fright/embarrassment)
• Physical injury
MENTAL DISTRESS
• Relatively new (1940s)• Physical injury not required• Wrongdoer conduct is outrageous• Simple insults not included• Intentionally using words or actions to
cause:Fright
Anxiety
Mental distress
FALSE IMPRISONMENT
• Intentionally & wrongfully confining another against their will
• Doesn’t include being held by law enforcement or being jailed
DEFAMATION
• Ruined reputation
• False statements made to a 3rd party
TWO TYPES
1.Slander – verbal statements that hurt one’s reputation
2.Libel – written statements that harm one’s reputation
FREEDOM OF SPEECH FREEDOM OF THE PRESS• Law protects these rights also
• Courts balance these freedoms with OUR rights to have our reputations protected
• Public figures/celebrities have a harder time suing press
• Must prove the press reported falsely AND with malice
HARM TO PROPERTY• Three types of property
1. real – land & items attached
(house/fence/crop)
2. personal (moveable items)
3. intellectual
(what we’ve created w/our minds)
• Law protects your property from:• From being taken• From our exclusive use of own property
REAL PROPERTY
• Owner has exclusive right to use
• TRESPASS
• Owner can recover damages – even if we cause no harm
NUISANCE
• Being unable to use and enjoy one’s own real property due to a nuisance
• 1 time act probably cannot collect
• Damages or injunctions (order to stop)
• Multiple/regular – YES!EXAMPLES
* mowing lawn at 6 am
* construction workers starting at 5 am
(continued)
• A trespasser that hurts self – won’t collect
• Child wandering onto property – yes
• “ATTRACTIVE NUISANCE” doctrine– Children too young to comprehend dangers– Construction companies & fences– Homeowners & pools
PERSONAL PROPERTY• Tort law protects our personal property
from being:– Taken– Damaged– Interfered with
You are robbed:
1. criminal charge (burglary)
2. civil case (“CONVERSION”—unlawfully control your property)
PROTECTING PROPERTY
MAY use reasonable, non-violent force:
-- protect property
-- recover property
You MAY NOT ever use deadly force.
INTELLECTUAL PROPERTY
• Creations of your mind
• A form of your property
• You own
INVENTIONS – patents
CREATIVE EXPRESSION – copyright ©
INFRINGEMENT
• Using someone’s intellectual property.
• This is BREAKING THE LAW.
• This is a TORT!
PATENT
• Protects useful inventions created
• Lengthy legal process – lots of paperwork
• Only given if it is something NEVER invented before
• Product has a monopoly for 20 years
• After 20 years, public domain
© COPYRIGHT ©• Protects your creative expression• No legal process!• Once your creativity is permanent (written
down) – it is YOURS !!• Lasts for the author’s life + 50 years• Can register your work w/Copyright Office• Novelty not required to obtain a copyright• Gives owner derivative works rights
FIRST SALE
• Once an author sells his/her creative expression – new owner can resell
• CANNOT copy and resell
FAIR USE
• Once you have legally purchased, may use your product.
• If you copy a portion of a movie to use in a project, technically infringement, but so minor, not counted.
DEFENSES TO INTENTIONAL TORTS
1. CONSENT – most commona. Sports
b. Kids playing
c. Emergency medical
2. PRIVILEGE – justifies conducta. Legal authority – police/owners/parents
b. Self-defense
c. Defending property (reasonable force only)