Intentional Torts Chapter 5 Slide 1 Purpose was to cause harm to person, property, and/or economic rights Negligence and strict liability do not require.
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Slide 1
Intentional Torts Chapter 5 Slide 1 Purpose was to cause harm
to person, property, and/or economic rights Negligence and strict
liability do not require intent
Slide 2
WHAT ARE THE MOST COMMON INTENTIONAL TORTS? Chapter 5 Slide 2
Assault Battery False imprisonment Defamation Invasion of privacy
Trespass to land Conversion Interference with contractual relations
Fraud
Slide 3
Assault Chapter 5 Slide 3 Put another in reasonable fear of an
offensive or harmful bodily contact NOT ACTUALLY TOUCHING. Words
Gestures Must include a display of force indicating a present
ability to carry it out. The threat must be believable. From the
point of view of the VICTIM
Slide 4
Assault or Not Assault? Chapter 5 Slide 4 Dr. Bruce Banner,
known for his temper is walking toward your car. Seeing how close
you parked to his car, he mouths the words, Im going to rip you
apart. While paintballing, your best friend raises and aims her gun
at you Leaning in to tell you a secret, your locker mate cant
resist giving you a kiss you feel very uncomfortable While working
at your part-time job, a regular customer comes in with an AirSoft
gun and tells you to empty the register. Jostling to get on the
train to Chicago, another commuter touches you in an uncomfortable
manner
Slide 5
Battery Chapter 5 Slide 5 Harmful or offensive touching of
another. An assault frequently precedes a battery. When the victim
is hit without warning from behind, there is a battery without an
assault.
Slide 6
Battery or Not Battery? Chapter 5 Slide 6 While enjoying the
recent CLS Theater production, the person seated behind you sneezes
into your hair. As a World-Class Frolf champion, your rival throws
a disc at your face when you are not looking. As a World-Class
Frolf champion, your greatest fan is disappointed in your recent
performance and spits in your face. As a MMA competitor, you enter
the ring and lose..while receiving a broken nose and split lip You
play hockey. Your rival high-sticks you and breaks your arm. You
catch a person breaking into your garage and taking your golf
clubs. You chase them down, tackle them, and break their
ankle.
Slide 7
False Imprisonment Chapter 5 Slide 7 Intentional confinement
against a persons' will/without lawful privilege Denied Liberty by
threat by consent
Slide 8
False Imprisonment Chapter 5 Slide 8 Police Probable Cause? Not
False Imprisonment Agree to be detained Shopkeepers Privilege
Slide 9
False Imprisonment or Not? Chapter 5 Slide 9 A burglar suspect
sits voluntarily in a police car to describe his actions over the
last hour. Elizabeth Smart, kidnap victim, believes if she tries to
escape while at a restaurant, harm will come to her family.
Merchants in many states have a privilege to detain a person if
they have a reasonable basis for believing the person was
shoplifting. Rod Blagojevich, sits in a Colorado prison for his
conviction in Illinois.
Slide 10
Defamation Chapter 5 Slide 10 Statements about people can
injure them. If a false statement injures a persons reputation or
good name, it may constitute the tort of defamation. 1. Slander
spoken. 2. Libel printed.
Slide 11
To be legally defamed: Chapter 5 Slide 11 1. The statement must
be false. 2. The statement must be communicated to a third person
3. The statement must bring the victim into dispute, contempt, or
ridicule by others.
Slide 12
Legal Defamatory Chapter 5 Slide 12 In slander suits, you must
show that you have suffered an actual physical loss, or damages, as
a result of the slanderous remark. In libel suits you are presumed
to have suffered a loss, and so these damages do not have to be
shown to the court.
Slide 13
Exceptions to the law of defamation Chapter 5 Slide 13 1.
Legislators statements, even those made with malice, are immune
from liability if made during legislative meetings. 2. Judges,
lawyers, jurors, witnesses, and other parties in judicial
proceedings are also immune from liability for statements made
during the actual trial or hearing. 3. Statements about public
officials or prominent personalities does not exist unless the
statements were made with malice. (The statement was known to be
false or was made with a reckless disregard for its probable
falsehood.)
Slide 14
Invasion of Privacy Chapter 5 Slide 14 A tort defined as the
uninvited intrusion into an individuals personal relationships and
activities in a way likely to cause shame or mental suffering in an
ordinary person. 1. Unnecessary publicity regarding personal
matters (true or false). 1. Two-way mirrors in the womens restroom
of a gas station. 2. Commercial exploitation of ones name, picture,
or endorsement without permission. 3. Eavesdropping 4. Unauthorized
opening of letters and telegrams.
Slide 15
Not an Invasion of Privacy Chapter 5 Slide 15 Police can tap
telephone lines secretly if they have a warrant. Public figures,
such as politicians, actors, and people in the news give up much of
their right to privacy when they step into the public domain.
Slide 16
Trespass to Land Chapter 5 Slide 16 Entry onto the property of
another without the owners consent. Dumping garbage on the land of
another. Breaking the windows of a neighbors house. Intent is
required to commit the tort of trespass.
Slide 17
Trespass to Land Chapter 5 Slide 17 If a person thought they
were walking on their own property but they were mistaken, there
would be a trespass because they intended to be there.
Slide 18
Conversion Chapter 5 Slide 18 Intentional interference with
anothers property A thief is always a converter. The innocent buyer
of stolen goods is a converter.
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Slide 19
Interference with Contractual Relations Chapter 5 Slide 19
Competition is good, but you have to play fair! If a third party
encourages the breaching party in any way, that third party may be
liable in tort to the non-breaching party. 1. Celebrity appearance
contracts 2. Sale of property 3. False advertising Not a breach of
contract but meddling in a contract
Slide 20
What are the Elements required to Prove Contractual
Interference? Chapter 5 Slide 20 1. A valid contract or contractual
relationships exists between the two parties. 2. The third party
tortfeasor had knowledge of the contract or contractual
relationship. 3. The third party intended to convince or induce one
of the parties to the contract to commit a breach. 4. The third
party was not privileged or authorized in any way to induce the
breach 5. The contract was in fact breached. 6. The non-breaching
party suffered some sort of measurable damages
Slide 21
Fraud Chapter 5 Slide 21 Intentional or recklessly made
misrepresentation of an existing important fact. Purchasing a car
with low miles, when the odometer was changed. Purchasing a home
after being told that the finished basement has never flooded.
Slide 22
5 Elements of Fraud Chapter 5 Slide 22 (1) a false statement of
a material fact (2) knowledge on the part of the defendant that the
statement is untrue (3) intent on the part of the defendant to
deceive the alleged victim (4) justifiable reliance by the alleged
victim on the statement (5) injury to the alleged victim as a
result.
Slide 23
Elements of a Tort Duty To do or not do a certain action Breach
Failure to show proper care Injury Must be proved Causation The
breach caused the injury
Slide 24
Violation of Duty (Breach) Question of FACT for the jury/judge
Must be proven to collect damages Intentional Tort Actual intent to
cause harm Negligence Carelessness, no intent Strict Liability no
intent or carelessness needed More later.
Slide 25
Elements of a NEGLIGENCE Duty Reasonable Person Test
Professionals are held to a higher degree Breach Persons actual
conduct compared to a Reasonable Person Injury Were damages (costs)
actually incurred? Causation Is it reasonable logic that breach
caused injuries?
Slide 26
Defenses to Negligence ContributoryComparative Old Common Law
If Plaintiff contributed in any amount NO Recovery Awarded damages
in proportion to their fault Assumption of Risk Plaintiff, aware of
risk, takes on risk voluntarily
Slide 27
STRICT LIABILITY A party is liable far all damages as a result
of their dangerous actions or products Foreseeable harm Products
that come with warning stickers about obvious hazards are labeled
like that for a good reason; it protects the manufacturer from
lawsuits.
Slide 28
STRICT LIABILITY The differences are as follows: In regards to
negligence, the defendant has a duty to conform to a specific
standard of conduct, thereby protecting the plaintiff against an
unreasonable risk of injury. This is sometimes referred to as the
reasonable person standard. In regards to strict liability,
however, the duty is not that one is required to act as a
reasonable person would have acted under similar circumstances, but
instead, Defendant has an absolute duty to make safe that which is
the subject of the lawsuit.