Intentional Torts What are Intentional Torts? • Actions that you take deliberately to cause harm • Two types – those causing injury to people and those causing injury to property • In court, the focus is the intent to do the act, not the desire to cause harm Damages Compensatory damages – awarded to compensate for the harm caused by the defendant (pays for lost wages, hospital bills, pain and suffering) Nominal damages – a token amount of money awarded by the court to show that a plaintiff’s claim was justified Punitive damages – money awarded to the plaintiff to punish the defendant for malicious, willful, or outrageous acts Torts that Injure People • Battery – occurs when a person intentionally causes harmful or offensive contact with another person (offensive – whatever would offend the average person) • Assault – someone makes a person fear an immediate harmful act (can be an intentional threat, force, or movement that causes reasonable fear) Torts that Injure People Infliction of emotional distress – intentionally using words or actions that are meant to scare someone, cause extreme anxiety, or emotional distress False Imprisonment – when someone intentionally or wrongfully confines a person against his or her will Defamation • Harming a person’s reputation • Slander – oral statements that harm a person’s reputation • Libel – written statements that harm a person’s reputation Torts that Harm Property 3 types of property Real property – land and the items attached to it Personal property – property that can be moved Intellectual property – ownership interest in creations of a person’s mind Real Property Torts • Trespassing – entering a person’s property without permission • Attractive nuisance doctrine – property owners must take reasonable care to eliminate a dangerous condition on their land or to protect children from injury where they are likely to trespass • Nuisance – an unreasonable interference with your ability to use and enjoy your property • Injunction- a court order to do, or not do, a certain act Personal and Intellectual Property Conversion – when someone unlawfully exercises control over another’s property Patent – official recognition of your ownership of an invention Copyright – official recognition of some form of creative expression (writing, music, movie, etc.) Infringement – when someone uses a copyrighted or patented work Defenses to Intentional Torts • Consent – arguing that the plaintiff agreed to the harmful conduct and gave up the right to sue • Privilege – justifying an action because the defendant’s (or public’s) interests require it – legal authority • Self defense – using force to protect yourself, as long as the actions are not excessive • Defense of property – same as self defense, but for property