6-1 McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.
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Transcript of 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.
6-2
Chapter 06
Intentional Torts
6-3
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
6-4
Crimes versus Intentional Torts
6-5
Injury
• Physical
• Intangible harms– Loss of privacy
– Emotional distress
– Injury to reputation
• Plaintiff’s Burden of Proof – preponderance of evidence
6-6
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
6-7
• 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)
6-8
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
6-9
• 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)
6-10
• Misuse of Legal Proceedings– Malicious prosecution– Wrongful use of civil proceedings– Abuse of process
Interference with Personal Rights(cont’d)
6-11
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
6-12
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
6-13
Summary