Intentional Torts Intentional Torts Actions taken to deliberately

Intentional Torts

Intentional Torts �Actions taken to deliberately harm another person or their property �Intent, desire or motive do not count only the action

Types of Damages � 1. Compensatory damages �Example: money for hospital bills, lost wages, pain and suffering. Juries decide what amount � 2. Nominal Damages • -an award to show that the claim was justified- symbolic, usually can’t prove serious injury � 3. Punitive Damages • Amounts of $$ awarded to punish the defendant, warns others not to do the same

Torts that injure persons Torts that Harm Property �Torts that injure persons �Battery and Assault �Infliction of Emotional Distress �False Imprisonment �Torts related defamation �Torts that harm property �Real Property �Personal Property �Intellectual Property �Patents & Copyrights

Torts that injure persons �Obvious-assault and battery �Infliction of emotional distress-words or actions that cause extreme anxiety or emotional distress. Not often awarded a lot of money

Torts that injure persons �False Imprisonment-right to be free from unreasonable restraint. �Issue: Can a shopkeeper use restraint to detain a shoplifter?

Torts that injure persons �Defamation of character �Libel-false and malicious written words �Slander-spoken words that are false and malicious �Which is more difficult to prove �Private citizens �Public citizens who claim defamation must prove that the action was false and prove malice

Torts that harm property � 1. Person’s use of property can’t be interfered with � 2. protects person against property being taken or damaged �Three types of property that are protected � 1. Real Property � 2. Personal Property � 3. Intellectual Property

Real Property: Attractive Nuisance Doctrine �Can require you to use reasonable care to protect other persons from harm while on your property �Must pools fence in construction sites, swimming

Personal Property: Conversion �Taken, damaged or interfered with �A burglar breaks into Laura’s house, steals her computer and the criminal is caught and convicted �Burglar can also be sued by Laura under conversion-someone unlawfully exercises control over the personal property of another person

Reasonable force and property rights �Reasonable force can be used to protect property �Deadly force can’t be used to protect property �Only applies to protect from serious threat of bodily harm

Intellectual Property �When a person has a patent or copyright, any use by another person without permission is a tort called infringement �Patents-rights to inventions, processes, new machines, products �Fair use-allows limited legal reproduction of copyrighted works for certain purposesscholarship, research, news

Defenses to Intentional Torts � 1. Consent-consent forms for medial care, emergency not needed. Can be stated consent or assumed � 2. Privilege-police officers that take the liberty of a person by arresting them are not liable for false imprisonment. �Best known privilege is self defense, not revenge though � 3. Defense of Property-reasonable not deadly—see Castle Doctrine