Chapter 18: Intentional Torts

Intentional

To do something with purpose

Intentional Tort

An action taken deliberately to harm another person and or their property

What are the two types of torts?

Causing harm to a person and causing harm to property

Compensatory Damages

Money that will compensate for harm caused by the defendant. Can include loss of wages, pain, and suffering.

Nominal Damages

Small amounts of money awarded by the court to show the claim was justified, symbolic damages

Punitive Damages

Used to punish the defendant for malicious, willful, and outrageous acts. Servers as a warning, civil deterrence.

Battery

A person intentionally causes harmful or offensive contact to another person. The defendant is liable for all damages

Assault

Goes beyond mere words and intentionally makes someone fear immediate harm, or fear offensives contact is about to occur

Infliction of Emotional Distress

Intentionally uses words and actions that are meant to scare someone or cause extreme anxiety, or emotional distress. Calling or sending letters to collect money falls under emotional distress.

False Imprisonment

Intentionally and wrongfully confining someone against his or her will, does not apply to jail or being under arrest.

Defamation

Written or spoken expression about a person that is false, malicious, and damages their reputation

Defamation has to be translated to a ___

Third party (someone other than the defendant)

Slander

Oral statements that harm one’s reputation. Hard to prove

Libel

Written defamation (a post on the internet, in the newspaper, etc.)

For a statement to be defamation it must be ___,___,___

False, caused harm, and was malicious

Real Property

Land and items attached to it (house, crops, fence). As an owner, one must take reasonable care to eliminate a dangerous condition on their land so no one gets injured.

Attractive Nuisance

Doctrine that says if a person keeps something on his/her property that attracts children, the homeowner must take reasonable steps to protect children. (Fence around pool or net around trampoline)

Tresspass

Entering a property without permission

Nuisance

Occurs when there is reasonable interference to enjoying your property. (Someone's dog barking 24/7, mowing lawn in the early morning, loud music, etc.)

Injunction

A court order by a judge to do or not to do something

Personal Property

Property that can be moved (cars, jewelry, laptop, phone). Tort law provides compensation if personal property is taken, damaged, or interfered with

Conversion

Occurs when someone unlawfully exercises control over the person property of another person.

Intellectual Property

A person’s idea or invention that is given ownership protections

Patents

Federal protection for inventions that give exclusive ownership for that invention. Only lasts 20 years.

A invention must be ___

Novel (truly new or unique)

Monopoly

Exclusive ownership or possession. If anyone tries to sell or profit from the invention, patent owners can cheek the tort of infringement.

Infringement

Illegal use of someone’s intellectual property such as a copyright, patent, or trademark

Coprights

Protects any expression that is fixed (written, recorded, stored on a disk, painted, etc). Lasts a lifetime (70+ years). Does NOT require novelty, only some for of creativity.

Derivative Works

Work that is similar to but slightly different than copyrighted work. The exception is first sale

First Sale

Once the owner sells the first copy, that person may resell that copy. One cannot make other copies to sell

Fair Use

Allows limited legal reproduction of a copyright for noncommercial purposes

Consent

A plaintiff consented or agreed to the conduct done. Most common. Can be written, spoken, or assumed based off of situation.

Privilege

Justifies conduct that would be a tort but the defendant’s public interests require it. (Police and parents)

Self Defense

Someone attacks you, you are allowed to protect yourself as long as it is not excessive. Also allows someone to come to the rescue of someone else

Defense of Property

Allows a person to use a reasonable force to defend their home or property