1 / 8

Tort Law 2: Intentional Torts

Tort Law 2: Intentional Torts. Mr. Garfinkel 3/3/14. Intentional Torts. An intentional tort must be proven to be done on purpose in order for the plaintiff to recover damages But, only the act itself must be intentional; there does not need to be any malicious intent

shanae
Download Presentation

Tort Law 2: Intentional Torts

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Tort Law 2: Intentional Torts Mr. Garfinkel 3/3/14

  2. Intentional Torts • An intentional tort must be proven to be done on purpose in order for the plaintiff to recover damages • But, only the act itself must be intentional; there does not need to be any malicious intent • Example: If someone throws something at you, hoping to hit you harmlessly, and injures you, that is still an intentional tort because the act of throwing the object was intentional.

  3. Types of Damages • Compensatory: Compensates for harm caused by the defendant • i.e. hospital bills, lost wages, destroyed property • Punitive: Damages awarded to punish to defendant for malicious, willful, or outrageous acts. • Nominal Damages: Symbolic awards of money to recognize that the defendant was wrong

  4. Torts that injure persons: battery • Battery: Occurs when a person intentionally causes a harmful or offensive contact (Anything an ordinary person would consider offensive) with another person. • In these cases, the defendant is responsible for all resulting damages, no matter the intent. • Examples?

  5. Torts that injure persons: assault • Assault: Occurs when a person intentionally puts someone in fear of immediate harm or offensive contact • The fear must be reasonable: would a normal person fear harm or offense by the action?

  6. Torts that injure persons: Infliction of Mental Distress • Infliction of Mental Distress: Intentionally using words or actions that are meant to cause someone fright, extreme anxiety, or mental distress. • No physical injury is necessary, but the defendant’s conduct must be quite outrageous and the plaintiff must experience serious distress. • Examples and potential defenses to this? Take a look at 220, the Case of...

  7. Torts that injure persons: False Imprisonment • False Imprisonment: Occurs when someone intentionally and wrongfully confines another person against their will. • Suspected shoplifters sometimes sue shopkeepers when they are detained- if they are successful depends on if the shopkeeper acted reasonably • Difficult to sue the police for this as they a right to detain someone if they believe there is “probable cause” a crime has been committed or if there is “reasonable suspicion” a person is engaged in criminal activity. • Pg. 222 and 223

  8. Torts that injure persons: Defamation • Defamation: Includes libel (written) and slander (spoken), occurs when a person makes a false statement that is communicated to a 3rd party that harms the plaintiff. • If the statement is true, its not defamation • Opinions are also protected • To win a suit against the media, must prove malice (knowledge of falsity or reckless disregard for the truth)

More Related