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 personsTorts 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 fence in construction sites, swimming pools

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 purposes-scholarship, 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