business law - chapter 18 intentional torts

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)