2Understanding Intentional Torts and Negligence

Intentional Tort

Torts for which the defendant intended either the injury or the act.

Negligence

A failure to exercise the care that a reasonably prudent person would exercise in like circumstances.

Strict Liability

Liability that does not depend on actual negligence or intent to harm.

Assault

The tort of assault occurs when one person intentionally threatens to physically or offensively injure another.

Battery

An intentional breach of the duty to refrain from harmful or offensive touching of another.

False Imprisonment

Depriving a person of freedom of movement without the person's consent and without privilege.

Defamation

A false statement that injures one's reputation.

Slander

Defamation that is spoken.

Consent

Agreement to being confined or subjected to certain actions.

Privilege

Justification for imprisonment or detention under certain circumstances.

Shoplifting Detention Privilege

Merchants have a privilege to detain a person if they have a reasonable basis for believing the person was shoplifting.

Threatening Gesture

A believable threat made with words or gestures that indicates intent to cause harm.

Physical Injury

An injury that involves bodily harm.

Offensive Injury

An injury that involves unwanted or offensive touching.

Probable Cause

A reasonable basis for believing that a crime has been committed, justifying arrest.

Consent Evaporation

The loss of consent when individuals are prevented from leaving when they want to.

Intentional Contact

Contact that is made with the intention to cause harm or offense.

Self-Defense

The act of defending oneself, which may justify otherwise harmful actions.

Battery Without Assault

A situation where harmful contact occurs without a preceding threat.

Threatening Words

Verbal expressions that indicate an intention to cause harm.

Clenched Fist

A gesture that can indicate an intent to commit assault.

Harmful Touching

Touching that causes physical injury or offense.

Deprivation of Liberty

The act of restricting a person's freedom to move.