INTENTIONAL TORTSChapter 19

Objectives

Understand the categories of damages that can be recovered in intentional tort cases

Be able to identify various types of intentional torts, and the elements of each

Be able to apply the principles of tort law to sample fact patterns to determine what torts have been committed

Damages in Intentional Tort Cases

Compensatory—damages that compensate the plaintiff for harm caused by the defendant

Examples? Lost wages, medical bills, “pain

and suffering,” loss of consortium Nominal—a small or “token”

amount of damages awarded as a symbol of wrongdoing

Punitive—damages to punish the person committing the intentional tort

Intentional Torts—Injury to Persons

Battery—intentional harmful or offensive contact (touching)

Examples? Shoving, hitting, slapping What about a kiss? A tap on the shoulder?

Intentional Torts—Injury to Persons

Assault—action that puts another person in fear of an immediate harmful or offensive contact

Actual contact is not required Question: Is it possible to

assault an unconscious person?

Intentional Torts—Injury to Persons

Infliction of emotional distress—words or actions intended to cause extreme anxiety or emotional distress

Conduct must be outrageous Would these statements/actions

qualify? “You’re really ugly!” “Nobody would ever want to kiss

you!” Probably not. Example that would?

Intentional Torts—Injury to Persons

False Imprisonment—intentional, wrongful confinement of a person against his will

Example: restraining a suspected shoplifter

Allowed, but must be reasonably brief and use no greater restraint than necessary to protect property

Intentional Torts—Injury to Persons

Defamation—oral (slander) or written (libel) statements that are false, and which harm a person’s reputation

Must be a statement of fact, not opinion

“Public figures” must prove actual malice (intent to harm, not just intent to say something)

Intentional Torts—Injury to Property

Real property—land/real estate

Personal property—things that can be moved

Intellectual property—inventions and creative works

All are protected in our system!

Intentional Torts—Real Property

Trespass—entry onto real property without owner’s permission

Can a trespasser sue you for damages if they hurt themselves while trespassing?

Only for things like booby-traps Or children—attractive nuisance

doctrine Higher duties are owed to

guests and business invitees

Intentional Torts—Real Property

Nuisance—unreasonable interference with ability to use and enjoy property

Examples? Repetitive loud noises at

unreasonable times of day Odors Plaintiff can recover damages

and/or receive injunctive relief (stop doing it!)

Intentional Torts—Personal Property

Conversion—unlawfully exercising control over another person’s personal property

May use reasonable force to protect property

Some states allow use of deadly force (“Make My Day” laws)

Intentional Torts—Intellectual Property

Infringement—unauthorized use of a patented or copyrighted work

Patents protect inventions for 20 years; after that, the invention becomes public domain

Must be granted by US Patent and Trademark office (www.uspto.gov)

Copyrights apply automatically when a work is created (registration still recommended)

Covers the work for the lifetime of the holder, plus 70 years

Derivative works First sale Fair use

Defenses

Consent—no intentional tort occurs if a person consents to the conduct (e.g., football players, boxers, wrestlers)

Privilege—some persons have lawful authority over others (police, parents, etc.)

Self-defense—must use reasonable force

Defense of property

Check for Understanding

Work in pairs to answer problem 19.1 (p. 231) and the three “You Be the Judge” activities on pp. 234, 239 and 248

Turn in for class participation credit