Intentional Torts CHAPTER 18 2 Types of Intentional

2 Types of Intentional Torts 1. 2. Those causing injury to someone Those causing

Types of Damages Compensatory Damages Compensates for harm caused by the defendant. n Can

Types of Damages Punitive Damages Money awarded to the plaintiff to punish the defendant.

Torts that Injure Battery n When a person intentionally causes a harmful or offensive

Torts that Injure Infliction of Mental Distress n Using words or actions that are

Torts that Injure Defamation of Character n n Statements that harm a person’s reputation.

Property Types Real Property n Land Items attached to it. Personal Property n Property

Real Property Torts Trespass n n Going on to another persons property without permission.

Personal Property Torts Conversion When someone unlawfully exercises control over the personal property of

Intellectual Property Torts Infringement An illegal use of someone else’s intellectual property. – Something

Defenses to Intentional Torts Defenses to Infringement n n First Sale Fair Use Defenses

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Intentional Torts CHAPTER 18

2 Types of Intentional Torts 1. 2. Those causing injury to someone Those causing harm to property Intentional Torts are acts that were done on purpose, with reason to cause injury or harm. Also may result in criminal charges.

Types of Damages Compensatory Damages Compensates for harm caused by the defendant. n Can also include lost wages and pain and suffering. n Nominal Damages Symbolic awards of money. n Awarded to recognize that the defendant was wrong. n

Types of Damages Punitive Damages Money awarded to the plaintiff to punish the defendant. n Serve as a warning to others. n

Torts that Injure Battery n When a person intentionally causes a harmful or offensive contact with a person. Assault n When a person intentionally puts someone in fear of an immediate harmful or offensive contact.

Torts that Injure Infliction of Mental Distress n Using words or actions that are meant to cause someone fright, extreme anxiety, or mental distress. False Imprisonment n When someone intentionally confines a person against their will.

Torts that Injure Defamation of Character n n Statements that harm a person’s reputation. Two types of defamation: 1. 2. § § Slander Libel Someone’s opinion is different Groups – problem sets 18. 3 – 18. 4 and 18. 6

Intentional Torts: Part II

Property Types Real Property n Land Items attached to it. Personal Property n Property that can be moved. Intellectual Property n A person’s idea or invention.

Real Property Torts Trespass n n Going on to another persons property without permission. Law protects owner’s exclusive right to property Nuisance n n Unreasonable interference with the use of your property. Must be over an extended period of time! A court order for the defendant to stop this activity is an injunction.

Personal Property Torts Conversion When someone unlawfully exercises control over the personal property of another person. n Example – Burglar breaks in and steals items from your home n Owner can use various means to protect property…. reasonable force n

Intellectual Property Torts Infringement An illegal use of someone else’s intellectual property. – Something that was created by another. n Inventions are recognized by a patent. n Patents good for 20 years n After that Public Domain allowed n Fixed creative expressions are recognized by a copyright. Last for life of holder + 50 more years! n http: //www. youtube. com/watch? v=c. Q zb. Y 7 FB 98 k n

Defenses to Intentional Torts Defenses to Infringement n n First Sale Fair Use Defenses to Other Torts n n n Consent Privilege – public best served by behavior Legal Authority – police officer Self Defense of Property – can never use deadly force to protect property