Section 4.1 INTENTIONAL TORTS

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Section 4.1

INTENTIONAL TORTS

THE LAW OF TORTS

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SUNY BUSINESS & CRIMINAL LAW THE LAW OF TORTS

Intentional TortsIntentional Torts Section 4.1Section 4.1

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Section 4.1Section 4.1Intentional Torts Intentional Torts

Section 4.2Section 4.2Negligence and Strict Liability Negligence and Strict Liability

44ChapterChapter The Law of TortsThe Law of Torts

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What You’ll Learn

How to tell the difference between a How to tell the difference between a crime and a tort (p. 80)crime and a tort (p. 80)

How to explain the nature of tort law (p. How to explain the nature of tort law (p. 80) 80)

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What You’ll Learn

How various torts can be committed How various torts can be committed (p.81)(p.81)

How to define various intentional torts How to define various intentional torts (pp. 81-86)(pp. 81-86)

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Why It’s Important

Learning the difference between a tort and Learning the difference between a tort and a crime, as well as the types of intentional a crime, as well as the types of intentional torts, will help you understand how the torts, will help you understand how the justice system protects people from injury.justice system protects people from injury.

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Legal Terms

crime (p. 80)crime (p. 80)tort (p. 80)tort (p. 80)intentional tort (p. 81)intentional tort (p. 81)tortfeasor (p. 82)tortfeasor (p. 82)trespass (p. 82)trespass (p. 82)

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Legal Terms

nuisance (p. 83)nuisance (p. 83)false imprisonment (p. 83)false imprisonment (p. 83)defamation (p. 84)defamation (p. 84)invasion of privacy (p. 86)invasion of privacy (p. 86)

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The Difference Between Criminal Law and Tort Law

Intentional Torts Assault and BatteryTrespassNuisance

Section OutlineSection Outline

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Intentional Torts, continued False ImprisonmentDefamationInvasion of Privacy

Section OutlineSection Outline

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Pre-Learning Question Pre-Learning Question

What is the difference between criminal law and tort law?

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A crime is an act against not only a specific individual, but the general welfare, as well.A tort is a private wrong committed by one person against another.

The Difference Between The Difference Between Criminal Law and Tort Law Criminal Law and Tort Law

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A tort will lead the wronged party to try and recover money as compensation for the loss or injury suffered.

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A tort does not, however, call upon the government to punish the wrongdoer.

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The law of torts is grounded in the concept of rights.Under tort law all people are entitled to certain rights.

The Concept of Rights The Concept of Rights

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These include the right to: The Concept of Rights The Concept of Rights

Be free from bodily harm.Enjoy a good reputationConduct business without unwarranted interference.

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The law imposes a duty on all of us to respect the rights of others.Tort law governs this interplay between rights and duties.

The Concept of Rights The Concept of Rights

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Pre-Learning Question Pre-Learning Question

What is an intentional tort?

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Intentional Torts Intentional Torts Torts can be committed either intentionally or unintentionally.An intentional tort occurs when a person knows and desires the consequences of his or her act.

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Assault and Battery Assault and Battery The tort of assault occurs when one person deliberately leads another person to believe that he or she is about to be harmed.The tort of battery involves the unlawful, unprivileged touching of another person.

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Assault and Battery Assault and Battery The tort of assault is different from the crime of assault.

The victim of a tort assault must know that the tortfeasor meant to commit harm.A tortfeasor is the person who committed the tort.

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Trespass Trespass A trespass is the wrongful damage to or interference with the property of another.

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Nuisance Nuisance The tort of nuisance is anything that interferes with the enjoyment of life or property.

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Raymond slapped his wife Charlotte while they were arguing about child support. Which tort did Raymond commit—assault or battery?

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ANSWERANSWER

Battery

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False Imprisonment False Imprisonment Law enforcement officers must have probable cause or a warrant to arrest someone, or they can be sued for false imprisonment, or false arrest.

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Defamation Defamation Defamation is the wrongful act of injuring another’s reputation by making false statements.Libel is a false statement in written form.Slander is a false statement made orally to a third party.

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Which definition best describes “tortfeasor”? a) A person charged with the crime of

assault.b) A person charged with committing a tort.c) The attorney who represents a person

accused of committing a tort.

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ANSWERANSWER

(b) A person charged with committing a tort.

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Invasion of Privacy Invasion of Privacy Invasion of privacy is interfering with a person’s right to be left alone, which includes the right to be free from unwanted publicity and interference with private matters.

Section 4.1 INTENTIONAL TORTS

Documents

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