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Chapter 19
Intentional Torts -Planning to perform a certain act and then does so -Deliberately harming another person/property -Types of damages -Compensatory damages -“Compensates” for the harm done -Can include “pain and suffering” -Nominal damages -Token amount to show the claim was justified -Punitive damages -Amount to punish defendant for wrongdoing
Torts that Injures Persons -Battery -Harmful/offensive contact with another person -Responsible for all related actions -Punch, gunshot, unwanted kiss? -Assault -Causes someone to fear an immediate harmful or offensive contact -Must be reasonable and well-founded fear -Emotional Distress -Intentionally using words that are meant to scare someone or cause them extreme anxiety -Not a simple insult -False imprisonment
Other Torts -Slander -Libel
Torts that Harm Property -Trespass -Young children (attractive nuisance doctrine) -Nuisance -Unreasonable interference from your ability to enjoy your property -Sometimes, court will issue an “injunction” -Personal property -Conversion -Thief steals TV; thief arrested; can sue for lost TV -Intellectual property -Patents protect intellectual ideas (inventions, etc) -Must be novel idea -Gets 20 year monopoly -Copyrights protect ownership of an expression -Infringementàviolation of copyright -Usually for lifetime plus 70 years -Fair use policy
Defenses to Intentional Torts -Consent -Plaintiff agreed to harmful conduct -Boxing; surgery -Privilege -Legal authority to do something -Self-defense -Defense of property (castle is one’s domain)
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