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Intentional Torts

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Defamation 6. Invasion of Privacy 7. Trespass Intentional Torts 8. Nuisance 9. Trespass to Personal Property 10. Conversion 11. Interference with ... – PowerPoint PPT presentation

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Title: Intentional Torts


1
Intentional Torts
  • Dr. JeAnna Abbott

2
Intentional Torts
  • Nature of a Tort
  • Tort liability is imposed by law rather than
    voluntary assumed as is the case with contract
    liability.

3
Intentional Torts
  • When does a tort occur?
  • There are 4 elements in a tort action
  • 1. A duty to one person

4
Intentional Torts
  • 2. The breach of that duty (either by doing
    something or failing to do something)

5
Intentional Torts
  • 3. The breach must proximately cause the
    plaintiffs injury
  • 4. An injury to the plaintiff

6
Intentional Torts
  • What is an intentional act?
  • An act is intentional where the actor
  • 1. Intended the physical consequences of
    his/her act or

7
Intentional Torts
  • 2. Knew, or should have known, that those
    consequences were substantially certain to occur
    as a result of his/her conduct

8
Intentional Torts
  • Example
  • Ziggy locks his shop at the end of the day.
    Unknown to Ziggy, Moondust was in the restroom.

9
Intentional Torts
  • As a result, Moondust could not exit the store
    until Ziggy returned the next day.

10
Intentional Torts
  • Has Ziggy Committed a false imprisonment?
  • Why or why not?

11
Intentional Torts
  • Intentional Torts
  • 1. Battery
  • 2. Assault
  • 3. False Imprisonment

12
Intentional Torts
  • 4. Infliction of Emotional Distress
  • 5. Defamation
  • 6. Invasion of Privacy
  • 7. Trespass

13
Intentional Torts
  • 8. Nuisance
  • 9. Trespass to Personal Property
  • 10. Conversion
  • 11. Interference with Contractual Rights

14
Intentional Torts
  • 12. Disparagement
  • 13. Fraudulent Misrepresentation

15
Intentional Torts
  • Battery
  • A battery occurs where the defendant has
    intentionally caused an offensive touching upon
    an item which is physically associated with the
    plaintiff.

16
Intentional Torts
  • Examples
  • 1.Where the D
  • deliberately poisons the plaintiff

17
Intentional Torts
  • 2.Where the D knocks a hat
    off the plaintiffs
  • head
  • 3.Where the D shakes the car that the D
    knows the plaintiff is seated in.

18
Intentional Torts
  • Assault
  • Occurs where the defendant intentionally cause
    the plaintiff to reasonably be in apprehension of
    an imminent, offensive touching.

19
Intentional Torts
  • False Imprisonment
  • Occurs when the defendant intentionally confines
    (either physically or by overcoming the
    plaintiffs will)

20
Intentional Torts
  • the plaintiff to a definable area from which
    there is no reasonably apparent means of escape.

21
Intentional Torts
  • Example
  • Pleasure Inn
  • Shopkeepers Privilege
  • Arrest Privilege

22
Intentional Torts
  • Defamation
  • Elements
  • 1. False Communication
  • 2. Injury to the Reputation
  • 3. Published Statement

23
Intentional Torts
  • A defamatory statement is one which is false and
    lowers the persons esteem in the community or
    subjects the person to hatred, contempt, or
    ridicule.

24
Intentional Torts
  • Defamation (continued)
  • Libel When the defamatory statement is in
    written form.
  • Slander When the defamatory statement is oral

25
Intentional Torts
  • The defamatory statement must be
    communicated to a third person or persons
    other than the one who is defamed.
  • Can not defame a dead person.

26
Intentional Torts
  • Defenses to defamation suits
  • Absolute Privilege
  • Qualified Privilege
  • Constitutional

27
Intentional Torts
  • Invasion of Privacy
  • 1. Appropriation of Name or Likeness
  • Use of anothers name without consent
  • For benefit

28
Intentional Torts
  • 2. Intrusion
  • Unreasonable and offensive interference
    with persons seclusion

29
Intentional Torts
  • 3. Public Disclosure of Private Facts
  • Publicity (communication to
    public peers)

30
Intentional Torts
  • Of private information regarding an
    individual can be truthful

31
Intentional Torts
  • 4. False Light
  • Highly Offensive
  • Publicity
  • Placing another in false light

32
Intentional Torts
  • The defendant publicly knew was untrue or
    acted in reckless disregard of truth
  • There is a difference between an accident
    and reckless disregard

33
Intentional Torts
  • Interference with Property Rights
  • Real Property

34
Intentional Torts
  • Trespass
  • Intentionally
  • enters or remains
  • on property belonging to another or
  • causes a thing or another to do so or

35
Intentional Torts
  • fails to remove something he has a duty to
    remove.
  • Injury (damage) does not have to occur.

36
Intentional Torts
  • Interference with Property Rights
  • Airspace
  • Nuisance

37
Intentional Torts
  • Personal Property
  • Intention
  • dispossession or
  • unauthorized use of others property

38
Intentional Torts
  • Liability
  • Dispossession
  • Trespass to personal property
  • Conversion
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