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Understanding Intentional Torts and Their Elements

Learn about intentional torts in personal injury law, including battery, IIED, and false imprisonment. Review elements like duty, breach, causation, and damages. Explore defenses like consent, privilege, and self-defense.

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Understanding Intentional Torts and Their Elements

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  1. Intentional Torts Injury to Persons

  2. Review of Negligence • 4 elements • Duty • Breach • Causation • Damages

  3. Intent • Doing something on purpose • Want, desire, purpose, for the consequence to happen OR • Know to a substantial certainty that the consequence will happen

  4. Battery 4 elements: • intent, • a volitional act (one done by choice) • a harmful or offensive contact • to the plaintiff’s person

  5. Intentional Infliction of Emotional Distress (IIED) 3 elements • intentional or reckless behavior • extreme and outrageous • the cause of severe emotional distress.

  6. False Imprisonment 3 elements • Restraint of person • Plaintiff’s physical liberty lost • Plaintiff suffers loss of freedom

  7. Defamation • Slander: Untrue oral statements that harm a person’s reputation • Libel: Untrue written statements that harm a person’s reputation • Media protected by freedom of press- must prove actual malice for lawsuit

  8. Defenses • Consent: plaintiff agreed to harmful conduct • Children horseplaying • Privilege: legal authority justifies conduct • Police officers, parents, property owners • Self-defense: reasonable force to protect oneself • Fending off “beat-downs” • Mutual combat (fights) not considered

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