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Chapter 19: Intentional Torts
Intentional Torts
Actions taken to deliberately harm another person or their property are called intentional torts.
Two Types1) Cause injury to a person2) Cause harm to property
Types of Damages
compensatory damages - damages to make up for the harm caused. Usually monetary and can include– What was damaged– Hospital Bills– Pain and suffering– Lost work wages
Nominal Damages - awarded to recognize that the defendant acted wrongfully even though he or she did not cause substantial injury or loss.
Punitive damages - amounts of money awarded to punish the defendant for malicious, willful, or outrageous acts. Serve as a warning to others not to engage in such conduct.
The Judgment in a Civil Case may include all three types of damages
Quick Activity
With your partner do the following
1) Define Assault in your own Words2) Define Battery in your own Words
Torts that Injure Persons
1) Battery – making aggressive physical contact with another that results in harm.
2) Assault - when a person goes beyond mere words and intentionally makes someone fear an immediate harmful contact
There are of course exceptions, can you think of any?
Torts that Injure Persons cont
3. Infliction of Emotion Distress - intentionally using words or actions that are meant to cause someone extreme anxiety or emotional distress.
The actions must be outrageous and go beyond mere insults
Torts that Injure Persons cont
4. False Imprisonment - when someone intentionally and wrongfully confines another person against his or her will.
Torts that Injure Persons cont
5. Defamation – Acts that damage a persons reputation and can be oral (Slander) or written (Libel)
True Statements and Opinions cannot be defamatory
The plaintiff must prove that they were damaged
Torts that Harm Property
Tort law protects a person’s property in two ways: (1) it protects against interference with the owner’s
exclusive use of the property(2) it protects against the property being taken or
damaged.
Three kinds of property are protected: 1. real property2. personal property3. intellectual property
Real Property
Definition - land and the items attached to it, such as houses, crops, and fences
Trespass – Someone enters your property without permission and damages your property
Nuisance – when there is unreasonable interference with your ability to use or enjoy your property. An Injunction may be obtained to stop the interference
Injunctions – Court Orders to do, or not to do, a specific act
Personal Property
Definition - property that can be moved, such as cars, clothing, and appliances.
Ex, theft is a tort
Intellectual Property
Definition - the ownership interest in creations of a person’s mind
Terms of protection1. Patents protect Inventions2. Copyright protects creative expressions (songs)
Downloading, copying, distributing copyrighted works is illegal both criminally and is a tort
Defense to Intentional Torts
Consent – Is the most common. The plaintiff agreed to the harmful conduct. The agreement can be written, spoken, assumed or implied
Privilege – Certain groups may because of their position do not commit a tort that would be a tort if done by another group. Examples parents and police.
Self-Defense – Using a reasonable amount of force to repel an attacker
Stand-your-ground Law – GA law allowing one to use deadly force to protect ones home