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Chapter 6 Personal Injury Laws

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Chapter 6 Personal Injury Laws. Lesson 6-2 Common Intentional Torts. Intentional Torts. Defendant intended either the injury or the act Different from negligence and strict liability intent to engage in the act or produce the injury is not required for these. Assault.

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Presentation Transcript
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Chapter 6Personal Injury Laws

Lesson 6-2

Common Intentional Torts

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Intentional Torts
  • Defendant intended either the injury or the act
  • Different from negligence and strict liability
    • intent to engage in the act or produce the injury is not required for these
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Assault
  • When one person intentionally threatensto physically or offensively injure another
    • words or gestures
    • threat must be believable

I am going to kill you!

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Battery
  • Harmful or offensive touching of another
  • Shooting, pushing in anger, spitting on, throwing a pie in another’s face
  • No battery if contact not intentional (possibly)
  • Contact may be justified
    • self-defense
    • consent to the contact
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False Imprisonment
  • Depriving a person of freedom of movement
    • without the person’s consent and
    • without privilege
  • Handcuffed; locked in a room, car, or jail
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False Imprisonment Continued
  • Privilege occurs when police have probable cause to arrest people
  • Consent occurs when people agree to be confined
  • Absence of both warrants false imprisonment
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Defamation
  • A false statement injures one’s reputation
    • If spoken—slander
    • If written—libel
  • Must be:
    • false
    • told to a third person
    • bring victim into disrepute, contempt, or ridicule
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Defamation Continued
  • Exception:
    • statements about public officials/prominent personalities
    • no liability unless there was malice (statement known to be false)
  • Why the exception?
    • to encourage free discussion of issues of public concern
    • judges, lawyers, jurors, witnesses immune
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Invasion of Privacy
  • Unwelcome and unlawful intrusion into one’s private life so as to cause outrage, mental suffering, or humiliation
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Invasion of Privacy Continued
  • Includes freedom from unnecessary publicity regarding personal matters
  • Freedom from commercial exploitation of one’s name, picture, or endorsement without permission
  • Public figures (politicians, actors, people in news) give up a lot of their right to privacy when they step into public domain
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Invasion of Privacy Continued
  • Bans:
    • illegal eavesdropping by a listening device
    • interference with phone calls
    • unauthorized opening of letters
  • Police can tap phone lines with a warrant
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Trespass to Land
  • Entry onto the property of another without the consent of the owner
  • Dumping trash or breaking windows
  • Intent required
  • Not knowing is not an excuse!
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Conversion
  • The right to control a possession and to use it in a way the owner feels necessary
  • Violated:
    • stolen
    • destroyed
    • used in an inappropriate way
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Interference with Contractual Relations
  • Parties to a contract may be able to breach the contract if they pay for the injury suffered by the other party
  • If a third party entices or encourages the breach, that third party may be liable in tort to the non-breaching party
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Fraud
  • Intentional misrepresentation of an existing important fact
  • Relied on and caused financial injury
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