Intentional Torts

You did that on purpose!

Torts that harm Person

Battery

• A person intentionally causes a harmful or offensive contact with another person.

• Offensive?

Assault

• Assault: A person intentionally puts someone in fear of an immediate harmful or offensive contact.

• Assault & Battery are the 2 most common torts.

False Imprisonment

• A person willfully and wrongfully confines another person against his or her will.– Not directed toward

police.

Drabek v. Sabely

• A child, who was throwing snowballs at oncoming cars, was grabbed and restrained by the driver of one of the cars he hit. The driver of the car took the youth to a police officer in the village.– The child sued for false imprisonment for being

taken and kept in the car.

Infliction of Mental Distress

• Intentional use of words or actions to cause fear, anxiety and/or distress.

• Online postings & cyber bullying

Defamation

• Slander: Spoken statements that are false

• Libel: False statements that are written

• Must be made with malice (on purpose)– Online postings and

Cyber bulling– Cyber bullying

Ms. Rybarczyk is

an alien!

Torts that harm Property

Types of Property:Real Property: Land, Houses, Crops etc.Personal Property: Cars, Clothing, MoneyIntellectual Property: Creations of the mind

Trespassing• A person enters another’s

property without permission– Not liable for injuries of

trespasser– Similar to crime of burglary

• Attractive Nuisance: a dangerous condition on personal property– Specifically to young

children

Warnings!

• Individuals must warn guests and customers about dangerous conditions on property.

Nuisance

• An action is limiting the enjoyment of personal property.– Must occur repeatedly– My neighbor has band

practice every night, while I am sleeping.

• Courts may issue an injunction (order to stop the activity)

Conversion

• Someone unlawfully takes your property– Similar to the criminal

act of “stealing”

Katko v. Briney

• Some young men broke into an uninhabited farmhouse to steal antiques. Because of earlier burglaries, the owners of a the farmhouse set up a 20-guage spring gun in the bedroom of the house and rigged it to the doorknob so that when the door was opened the gun would fire at the intruders legs. The gun was not visible form the outside of the room. The plaintiff was hit as he entered the room and much of his leg was blown away. The burglars sued the owners of the farmhouse for excessive use of force.– Who do you think won?

Defenses to Intentional Torts

• Consent: (this is the most common) the plaintiff agreed to the harmful conduct

• Privilege: A person has a legal authority to conduct an act (police, parent, doctor etc.)

• Self-Defense: people can use “reasonable force” for defense

• Defense of Property: people can use force to defend property

You tell me…

• Compensatory damages• Nominal damages• Punitive damages