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Business Law and the Regulation of Business Chapter 7: Intentional Torts

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Topics Covered in this Chapter. A. Harm to the Person. B. Harm to Right of Dignity ... Emotional Distress extreme and outrageous conduct intentionally or recklessly ... – PowerPoint PPT presentation

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Title: Business Law and the Regulation of Business Chapter 7: Intentional Torts


1
Business Law and the Regulation of Business
Chapter 7 Intentional Torts
  • By
  • Richard A. Mann
  • Barry S. Roberts

2
Topics Covered in this Chapter
  • A. Harm to the Person
  • B. Harm to Right of Dignity
  • C. Harm to Property
  • D. Harm to Economic Interests

3
Harm to the Person
  • Battery intentional infliction of harmful or
    offensive bodily contact.
  • Assault intentional infliction of apprehension
    of immediate bodily harm or offensive contact.
  • False Imprisonment intentional confining of a
    person against her will.
  • Infliction of Emotional Distress extreme and
    outrageous conduct intentionally or recklessly
    causing severe emotional distress.

4
Intent
Yes
Does defendant desire to cause consequences?
No
Intent
Does defendant believe consequences are
substantially certain to result?
Yes
No
No Intent
5
Harm to the Right of Dignity
  • Defamation false communication that injures a
    person's reputation.
  • Libel written or electronically transmitted
    defamation.
  • Slander spoken defamation.
  • Defenses truth, absolute privilege, conditional
    privilege, and constitutional privilege are
    defenses to a defamation action.

6
Invasion of Privacy
  • Appropriation unauthorized use of a person's
    identity.
  • Intrusion unreasonable and offensive
    interference with the seclusion of another.
  • Public Disclosure of Private Facts offensive
    publicity of private information.
  • False Light offensive and false publicity about
    another.

7
Harm to Property
  • Real Property land anything attached to it.
  • Trespass wrongfully entering land of another.
  • Nuisance a nontrespassory interference with
    another's use and enjoyment of land.
  • Personal Property property other than land.
  • Trespass an intentional taking or use of
    another's personal property.
  • Conversion intentional exercise of control over
    another's personal property.

8
Harm to Economic Interests
  • Interference with Contractual Relations
    intentionally causing one of the parties to a
    contract not to perform.
  • Disparagement publication of false statements
    about another's property or products.
  • Fraudulent Misrepresentation a false statement,
    with knowledge of its falsity, intended to induce
    another to act.

9
Intentional Torts
Interest Protected
Tort
Interest Protected
Tort
Person
Person
Freedom from contract
Battery
Freedom from contract
Battery
Freedom from apprehension
Assault
Freedom from apprehension
Assault
Freedom of movement
False imprisonment
Freedom of movement
False imprisonment
Freedom from distress
Infliction of emotional distress
Freedom from distress
Infliction of emotional distress
Dignity
Dignity
Reputation
Defamation
Reputation
Defamation
Appropriation
Privacy
Privacy
Appropriation
Intrusion
Intrusion
Public disclosure of private facts
Public disclosure of private facts
False light
False light
Freedom from wrongful legal
Misuse of legal procedure
Misuse of legal procedure
Freedom from wrongful legal actions
actions
Property
Property
Real
Trespass
Real
Trespass
Nuisance
Nuisance
Trespass
Personal
Trespass
Personal
Conversion
Conversion
Economic
Economic
Contracts
Interference with contractual rights
Contracts
Interference with contractual rights
Goodwill
Disparagement
Goodwill
Disparagement
Freedom from deception
Fraudulent misrepresentation
Freedom from deception
Fraudulent misrepresentation
10
Defenses to Intentional Torts
  • Consent a person may not recover for injury to
    which he willingly and knowingly consents.
  • Self-Defense a person may take appropriate
    action to prevent harm to himself where time does
    not allow resort to the law.
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