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