Intentional Torts Injury to Persons
Review of Negligence • 4 elements • Duty • Breach • Causation • Damages
Intent • Doing something on purpose • Want, desire, purpose, for the consequence to happen OR • Know to a substantial certainty that the consequence will happen
Battery 4 elements: • intent, • a volitional act (one done by choice) • a harmful or offensive contact • to the plaintiff’s person
Intentional Infliction of Emotional Distress (IIED) 3 elements • intentional or reckless behavior • extreme and outrageous • the cause of severe emotional distress.
False Imprisonment 3 elements • Restraint of person • Plaintiff’s physical liberty lost • Plaintiff suffers loss of freedom
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
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