CHAPTER 7: INTENTIONAL TORTS
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TOPICS COVERED CHAPTER 7:
INTENTIONAL TORTS
A. Harm to the Person.
B. Harm to Right of Dignity.
C. Harm to Property.
D. Harm to Economic Interests.
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INTRODUCTION
 TORT – relief from civil wrong or
injury.
• Injuries may be inflicted intentionally,
negligently, or without fault (strict
liability).
• In a tort action, the injured party seeks
compensation or damages.
• PHILIP MORRIS USA V. WILLIAMS (2007).
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INTRODUCTION
 TORT – relief from civil wrong or
injury.
• Intent:
• Actor (the tortfeasor) desires to cause the
consequences of her actions, or
• That the consequences are substantially
certain to result from her act.
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INTENT
Does defendant desire to
cause consequences?
Yes
No
Does defendant believe
consequences are
substantially certain to result?
Intent
Yes
No
No Intent
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HARM TO THE PERSON
 Battery – intentional infliction of
harmful or offensive bodily contact.
 Assault – intentional infliction of
apprehension of immediate bodily
harm or offensive contact.
 False Imprisonment – intentional
confining of a person against her will.
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HARM TO THE PERSON
 Infliction of Emotional Distress –
extreme and outrageous conduct
intentionally or recklessly causing
severe emotional distress.
• FERRELL V. MIKULA (2008).
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HARM TO THE RIGHT OF DIGNITY
 Defamation – false communication
that injures a person's reputation.
• Libel – written or electronically
transmitted defamation.
• Slander – spoken defamation.
• Publication – to a third party.
• FRANK B. HALL & CO., INC. V. BUCK (1985).

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HARM TO THE RIGHT OF DIGNITY
 Defamation.
• Defenses – truth, absolute privilege,
conditional privilege, and constitutional
privilege are defenses to a defamation
action.
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permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
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HARM TO THE RIGHT OF DIGNITY
 Invasion of Privacy.
• Appropriation – unauthorized use of a
person's identity.
• Intrusion – unreasonable and offensive
interference with the seclusion of
another.
• Public Disclosure of Private Facts –
offensive publicity of private information.
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HARM TO THE RIGHT OF DIGNITY
 Invasion of Privacy.
• False Light – offensive and false
publicity about another.
• Defenses.
• Absolute, conditional, and constitutional
privilege apply to any matter that is an invasion
of privacy.
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permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
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HARM TO PROPERTY
 Real Property – land & anything
attached to it.
 Trespass – wrongfully entering land
of another.
 Nuisance – a nontrespassory
interference with another's use and
enjoyment of land.
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HARM TO PROPERTY
 Personal Property –property other
than land.
• Trespass – an intentional taking or use
of another's personal property.
• Conversion – intentional exercise of
control over another's personal
property.
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permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
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HARM TO ECONOMIC INTERESTS
 Interference with Contractual
Relations – intentionally causing one
of the parties to a contract not to
perform.
• TEXACO, INC. V. PENNZOIL, CO. (1987).
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HARM TO ECONOMIC INTERESTS
 Disparagement - publication of false
statements about another's property
or products.
 Fraudulent Misrepresentation – a
false statement, made with
knowledge of its falsity, intended to
induce another to act.
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permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
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