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5-2 Intentional Torts, Negligence, and Strict Liability. GOALS Identify common intentional torts Recognize the elements of negligence Explain the basis for strict liability. Assault – to put in fear of offensive or harmful touching Battery – harmful or offensive touching
Battery – harmful or offensive touching
False imprisonment - intentional confinement of a person against their will
Defamation – false statement that injures a person’s reputation or good name
Slander - spoken
Libel - written
Communications Decency Act 1996
Protection to service providers
Protection to board operators
Exercise editorial or full control of material posted or transmitted
Had knowledge of specific defamatory contentsWHAT ARE THE MOST COMMON INTENTIONAL TORTS?
Public figures – give up a lot of rights to when entering public domain
Non-public figures – U.S. allows collection of data that can be sold
True or untrue statement in a publication could possible be an invasion
Intentional infliction of emotional distress –
Intentional reckless act by the defendant
Act is outrageous or extreme
Act causes suffering of severe emotional distress
Trespass to land – entry onto the property of another without owner’s consentWHAT ARE THE MOST COMMON INTENTIONAL TORTS?
Thief is a converter
Buyer of stolen goods is also a converter
Interference with contractual relations – party that breaches a contract
Fraud – intentional or recklessly made misrepresentation of an exisiting important factWHAT ARE THE MOST COMMON INTENTIONAL TORTS?
When Hart asked to borrow Angelique’s pick-up truck to move some of his furniture to his new apartment, she gave him permission on the condition that he only use it for that purpose and have it back to her by that evening. After he finished moving, however, Hart called a couple of his buddies, hitched his bass boat to the truck, and towed it to the lake. When Hart returned the truck late the next day, Angelique told him she was suing him.
Had Hart committed an intentional tort?
Because he intentionally utilized the pick-up truck for his own ends after moving, thereby denying the owner of her use of itl
Britt was driving home late one rainy night after drinking alcohol all evening. With only one working headlight, she raced down residential streets at speeds up to 60 miles per hour. Meanwhile, Yee was slowly backing her station wagon out of her driveway, but she failed to look both ways when she should have. Britt rammed into the right rear end of Yee’s car. Both Yee and Britt were injured in the collision and their vehicles severely damaged.
Who will have to pay damages for the injuries and property damage sustained in the accident?
While grocery shopping, Mrs. Lamm placed a large glass container of a new drain cleaner in her shopping cart. Later, when she set the container on the check-out counter, it exploded. The flying glass cut her in several places.
Can she collect in tort from the grocery store or the bottler?
Because the bottle was defective and the defect made the product unreasonably dangerous, Mrs. Lamm could collect from either the store, the bottler, or both under strict liability.