6-1 McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved

6-1McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.

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Chapter 06

Intentional Torts

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Introduction

• Torts – private (civil) wrongs against persons/property

• Damages– Compensatory – actual damages to pay for costs

resulting from injuries– Punitive – excess of actual injuries to punish

defendant & deter defendant/others from repeating

• Intentional – wrongdoer knew harm substantially certain to result from actions

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Crimes versus Intentional Torts

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Injury

• Physical

• Intangible harms– Loss of privacy

– Emotional distress

– Injury to reputation

• Plaintiff’s Burden of Proof – preponderance of evidence

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Interference with Personal Rights

• Battery – an intentional, unconsented-to touching that’s harmful/offensive

• Assault – putting another in apprehension of imminent threat of physical safety

• False Imprisonment – intentional confinement for an appreciable time without consent– Confinement – restrict freedom of movement– Conditional privilege – detention allowed in a reasonable

manner for a reasonable period of time where criminal behavior is suspected

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• Intentional Infliction of Mental Distress – conduct must be “outrageous” – substantially certain to produce severe emotional distress in a person of ordinary sensibilities

• Defamation – publication of untrue statements injuring reputation or character– Libel – written – Slander – oral

• Privilege against defamation suit– Absolute – never serve as successful basis for defamation– Conditionally – basis for suit if statement abuses privilege

Interference with Personal Rights(cont’d)

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Privilege Against Defamation

• Public Officials – must prove actual malice, statement made with knowledge of falsity or disregard for truth

• Public Figures – Private persons who are famous or have involved themselves in public controversy – actual malice

• Conditional Privilege = fair and accurate reporting of public proceedings – includes statements made in furtherance of a legitimate business interest

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• Invasion of Privacy – “right to be left alone” -- can include true but private facts

• Not Invasion of Privacy – publication of matters of public records or newsworthy matters

• Corporations do not have a right to privacy (but do have a right to protect trade secrets)

• Use of a person’s name or image for commercial purposes without consent is an invasion of privacy

Interference with Personal Rights(cont’d)

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• Misuse of Legal Proceedings– Malicious prosecution– Wrongful use of civil proceedings– Abuse of process

Interference with Personal Rights(cont’d)

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Interference with Property Rights

• Trespass to Land – entry by a person onto land in possession of another without permission

• Trespass to Personal Property– Harms property or– Deprives possessor of its use– Consent and privilege are defenses

• Conversion – unlawful taking/control of personal property of another

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Interference with Economic Relations

• Disparagement – false statement about personal behavior of persons in business

• Interference with Contract – Intentionally inducing a person to breach contract with another or prevents performance

• Interference with Economic Expectations – use of force to drive away person’s customers/employees

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Summary