business law - chapter 18 intentional torts

26
CHAPTER 18 Intentional Torts

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Page 1: Business Law - Chapter 18 Intentional Torts

CHAPTER 18

Intentional Torts

Page 2: Business Law - Chapter 18 Intentional Torts

TWO TYPES OFINTENTIONAL TORTS

1. Causing injury to person

2. Causing harm to property

Page 3: Business Law - Chapter 18 Intentional Torts

THREE TYPES OF DAMAGES AWARDED

1. Compensatory

2. Nominal

3. Punitive

Page 4: Business Law - Chapter 18 Intentional Torts

COMPENSATORY

• Compensates for the harm caused to cover:

-- medical bills

-- lost wages

-- pain and suffering

Page 5: Business Law - Chapter 18 Intentional Torts

NOMINAL

• A token/symbolic amount awarded

• YES, a wrong was committed

• BUT, not enough to cause severe damage/loss

Page 6: Business Law - Chapter 18 Intentional Torts

PUNITIVE

• $$ awarded to punish wrongdoer for acting:

– Maliciously– Willfully– Outrageously

• Also a good warning to others to avoid doing the same act.

Page 7: Business Law - Chapter 18 Intentional Torts

MOST COMMON INTENTIONAL TORTS

1. Battery

2. Assault

3. Mental distress

4. False imprisonment

5. Defamation

Page 8: Business Law - Chapter 18 Intentional Torts

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

Page 9: Business Law - Chapter 18 Intentional Torts

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

Page 10: Business Law - Chapter 18 Intentional Torts

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

Page 11: Business Law - Chapter 18 Intentional Torts

FALSE IMPRISONMENT

• Intentionally & wrongfully confining another against their will

• Doesn’t include being held by law enforcement or being jailed

Page 12: Business Law - Chapter 18 Intentional Torts

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

Page 13: Business Law - Chapter 18 Intentional Torts

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

Page 14: Business Law - Chapter 18 Intentional Torts

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

Page 15: Business Law - Chapter 18 Intentional Torts

REAL PROPERTY

• Owner has exclusive right to use

• TRESPASS

• Owner can recover damages – even if we cause no harm

Page 16: Business Law - Chapter 18 Intentional Torts

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)

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• 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

Page 18: Business Law - Chapter 18 Intentional Torts

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)

Page 19: Business Law - Chapter 18 Intentional Torts

PROTECTING PROPERTY

MAY use reasonable, non-violent force:

-- protect property

-- recover property

You MAY NOT ever use deadly force.

Page 20: Business Law - Chapter 18 Intentional Torts

INTELLECTUAL PROPERTY

• Creations of your mind

• A form of your property

• You own

INVENTIONS – patents

CREATIVE EXPRESSION – copyright ©

Page 21: Business Law - Chapter 18 Intentional Torts

INFRINGEMENT

• Using someone’s intellectual property.

• This is BREAKING THE LAW.

• This is a TORT!

Page 22: Business Law - Chapter 18 Intentional Torts

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

Page 23: Business Law - Chapter 18 Intentional Torts

© 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

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FIRST SALE

• Once an author sells his/her creative expression – new owner can resell

• CANNOT copy and resell

Page 25: Business Law - Chapter 18 Intentional Torts

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.

Page 26: Business Law - Chapter 18 Intentional Torts

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)