intentional torts dr. jeanna abbott. intentional torts n nature of a tort: tort liability is imposed...

Intentional TortsIntentional Torts

Dr. JeAnna AbbottDr. JeAnna Abbott


Nature of a Tort:Nature of a Tort:

Tort liability is imposed Tort liability is imposed by law rather than by law rather than voluntary assumed as voluntary assumed as is the case with is the case with contract liability.contract liability.


When does a tort When does a tort occur?occur?There are 4 elements in a There are 4 elements in a tort action:tort action:

1. A duty to one person1. A duty to one person


2. The breach of that 2. The breach of that duty (either by doing duty (either by doing something or failing to something or failing to do something)do something)


3. The breach must 3. The breach must proximately proximately

cause the plaintiff’s cause the plaintiff’s injuryinjury

4. An injury to the 4. An injury to the plaintiffplaintiff

Intentional TortsIntentional TortsWhat is an intentional act?What is an intentional act?An act is intentional where An act is intentional where the actor:the actor:

1. Intended the physical 1. Intended the physical consequences of his/her consequences of his/her act act oror


2. Knew, or should have 2. Knew, or should have known, that those known, that those consequences were consequences were substantially certain to substantially certain to occur as a result of his/her occur as a result of his/her conductconduct


Example:Example:Ziggy locks his shop at Ziggy locks his shop at the end of the day. the end of the day. Unknown to Ziggy, Unknown to Ziggy, Moondust was in the Moondust was in the restroom. restroom.


As a result, Moondust As a result, Moondust could not exit the could not exit the store until Ziggy store until Ziggy returned the next day.returned the next day.


Has Ziggy Committed Has Ziggy Committed a false imprisonment?a false imprisonment?

Why or why not?Why or why not?


Intentional Torts:Intentional Torts:1. Battery1. Battery

2. Assault2. Assault

3. False Imprisonment3. False Imprisonment


4.4. Infliction of Infliction of Emotional Emotional Distress Distress

5.5. Defamation Defamation

6. Invasion of Privacy6. Invasion of Privacy

7. Trespass7. Trespass


8. Nuisance8. Nuisance

9. Trespass to Personal 9. Trespass to Personal PropertyProperty

10. Conversion10. Conversion

11. Interference with 11. Interference with Contractual RightsContractual Rights


12. Disparagement12. Disparagement

13. Fraudulent 13. Fraudulent

MisrepresentationMisrepresentation

Intentional TortsIntentional Torts Battery:Battery:A battery occurs where the A battery occurs where the defendant has intentionally defendant has intentionally caused an offensive touching caused an offensive touching upon an item which is upon an item which is physically associated with physically associated with the plaintiff.the plaintiff.


Examples:Examples:

1.Where the D 1.Where the D

deliberately poisons deliberately poisons the plaintiffthe plaintiff


2.Where the D knocks a 2.Where the D knocks a hat off the plaintiff’shat off the plaintiff’s

headhead

3.Where the D shakes 3.Where the D shakes the car that the D the car that the D knows the plaintiffknows the plaintiff is is seated in.seated in.

Intentional TortsIntentional Torts Assault:Assault:Occurs where the defendant Occurs where the defendant intentionally cause the intentionally cause the plaintiff to reasonably be in plaintiff to reasonably be in apprehension of an apprehension of an imminent, offensive imminent, offensive touching.touching.


False Imprisonment:False Imprisonment:Occurs when the Occurs when the defendant intentionally defendant intentionally confines (either physically confines (either physically or by overcoming the or by overcoming the plaintiff’s will)plaintiff’s will)


the plaintiff to a the plaintiff to a definable area from definable area from which there is no which there is no reasonably apparent reasonably apparent means of escapemeans of escape..


Example:Example:

Pleasure InnPleasure Inn Shopkeeper’s PrivilegeShopkeeper’s Privilege Arrest PrivilegeArrest Privilege


Defamation:Defamation:Elements:Elements:

1. False Communication1. False Communication

2. Injury to the Reputation2. Injury to the Reputation

3. Published Statement3. Published Statement


A defamatory statement is A defamatory statement is one which is false and lowers one which is false and lowers the person’s esteem in the the person’s esteem in the community or subjects the community or subjects the person to hatred, contempt, person to hatred, contempt, or ridicule.or ridicule.


Defamation (continued):Defamation (continued):Libel:Libel: When the defamatory When the defamatory statement is in written form.statement is in written form.

Slander:Slander: When the When the defamatory statement is oraldefamatory statement is oral

Intentional TortsIntentional Torts* The defamatory statement * The defamatory statement must be must be communicated to a third communicated to a third person or persons person or persons other other than the one who is defamed.than the one who is defamed.

* Can not defame a dead * Can not defame a dead person.person.


Defenses to Defenses to defamation suits:defamation suits:Absolute PrivilegeAbsolute Privilege

Qualified PrivilegeQualified Privilege

ConstitutionalConstitutional


Invasion of Privacy:Invasion of Privacy:1. Appropriation of Name or 1. Appropriation of Name or LikenessLikeness

*Use of another’s name *Use of another’s name without consentwithout consent

*For benefit*For benefit


2. Intrusion2. Intrusion

*Unreasonable and *Unreasonable and offensive offensive

interference interference with with person’s seclusionperson’s seclusion


3. Public Disclosure of 3. Public Disclosure of Private FactsPrivate Facts

* Publicity * Publicity (communication (communication

to to public peers) public peers)


* Of private information * Of private information regarding an regarding an

individual can be individual can be truthfultruthful


4. False Light4. False Light

* Highly Offensive* Highly Offensive

* Publicity* Publicity

* Placing another in * Placing another in false light false light


* The defendant publicly * The defendant publicly knew was untrue or knew was untrue or

acted in reckless acted in reckless disregard of truthdisregard of truth

* There is a difference * There is a difference between an accident between an accident and reckless disregardand reckless disregard


Interference with Interference with Property Rights:Property Rights:Real PropertyReal Property

Intentional TortsIntentional TortsTrespass:Trespass:

IntentionallyIntentionally

enters or remainsenters or remains

on property belonging to on property belonging to another oranother or

causes a thing or another to causes a thing or another to do so ordo so or


fails to remove fails to remove something he has a something he has a duty to remove.duty to remove.

Injury (damage) does Injury (damage) does not have to occur. not have to occur.


Interference with Interference with Property Rights:Property Rights:AirspaceAirspace

NuisanceNuisance


Personal Property:Personal Property:

IntentionIntention

dispossession ordispossession or

unauthorized use of unauthorized use of other’s propertyother’s property


Liability:Liability:

DispossessionDispossession

Trespass to personal Trespass to personal propertyproperty

ConversionConversion

intentional torts dr. jeanna abbott. intentional torts n nature of a tort: tort liability is imposed...

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