Chapter 6 Personal Injury Laws

1. Chapter 6Personal Injury Laws Lesson 6-2 Common Intentional Torts

2. Intentional Torts • Defendant intended either the injury or the act • Different from negligence and strict liability • intent to engage in the act or produce the injury is not required for these

3. Assault • When one person intentionally threatensto physically or offensively injure another • words or gestures • threat must be believable I am going to kill you!

4. Battery • Harmful or offensive touching of another • Shooting, pushing in anger, spitting on, throwing a pie in another’s face • No battery if contact not intentional (possibly) • Contact may be justified • self-defense • consent to the contact

5. False Imprisonment • Depriving a person of freedom of movement • without the person’s consent and • without privilege • Handcuffed; locked in a room, car, or jail

6. False Imprisonment Continued • Privilege occurs when police have probable cause to arrest people • Consent occurs when people agree to be confined • Absence of both warrants false imprisonment

7. Defamation • A false statement injures one’s reputation • If spoken—slander • If written—libel • Must be: • false • told to a third person • bring victim into disrepute, contempt, or ridicule

8. Defamation Continued • Exception: • statements about public officials/prominent personalities • no liability unless there was malice (statement known to be false) • Why the exception? • to encourage free discussion of issues of public concern • judges, lawyers, jurors, witnesses immune

9. Invasion of Privacy • Unwelcome and unlawful intrusion into one’s private life so as to cause outrage, mental suffering, or humiliation

10. Invasion of Privacy Continued • Includes freedom from unnecessary publicity regarding personal matters • Freedom from commercial exploitation of one’s name, picture, or endorsement without permission • Public figures (politicians, actors, people in news) give up a lot of their right to privacy when they step into public domain

11. Invasion of Privacy Continued • Bans: • illegal eavesdropping by a listening device • interference with phone calls • unauthorized opening of letters • Police can tap phone lines with a warrant

12. Trespass to Land • Entry onto the property of another without the consent of the owner • Dumping trash or breaking windows • Intent required • Not knowing is not an excuse!

13. Conversion • The right to control a possession and to use it in a way the owner feels necessary • Violated: • stolen • destroyed • used in an inappropriate way

14. Interference with Contractual Relations • Parties to a contract may be able to breach the contract if they pay for the injury suffered by the other party • If a third party entices or encourages the breach, that third party may be liable in tort to the non-breaching party

15. Interference with Contractual Relations A B C

16. Fraud • Intentional misrepresentation of an existing important fact • Relied on and caused financial injury