Business Law and the
Regulation of Business
Chapter 7: Intentional Torts
By
Richard A. Mann
&
Barry S. Roberts
Topics Covered in this Chapter
A. Harm to the Person
B. Harm to Right of Dignity
C. Harm to Property
D. Harm to Economic Interests
Harm to the Person
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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.
Infliction of Emotional Distress – extreme
and outrageous conduct intentionally or
recklessly causing severe emotional distress.
Intent
Does defendant desire to
cause consequences?
Yes
No
Does defendant believe
consequences are
substantially certain to result?
No
No Intent
Intent
Yes
Harm to the Right of Dignity
Defamation – false communication
that injures a person's reputation.
 Libel – written or electronically
transmitted defamation.
 Slander – spoken defamation.
 Defenses – truth, absolute privilege,
conditional privilege, and constitutional
privilege are defenses to a defamation
action.

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.
False Light – offensive and false publicity
about another.
Harm to Property





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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.
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.
Harm to Economic Interests



Interference with Contractual Relations –
intentionally causing one of the parties
to a contract not to perform.
Disparagement – publication of false
statements about another's property or
products.
Fraudulent Misrepresentation – a false
statement, with knowledge of its falsity,
intended to induce another to act.
Intentional Torts
Interest Protected
Person
Freedom from contract
Freedom from apprehension
Freedom of movement
Freedom from distress
Dignity
Reputation
Reputation
Privacy
Privacy
Freedom from wrongful legal
Freedom from wrongful legal actions
actions
Property
RealReal
Personal
Personal
Tort
Battery
Assault
False imprisonment
Infliction of emotional distress
Defamation
Appropriation
Intrusion
Public disclosure of private facts
Public
disclosure of private facts
False light
False light
Misuse of legal procedure
Misuse of legal procedure
Trespass
Nuisance
Trespass
Conversion
Economic
Contracts
Contracts
Goodwill
Goodwill
Freedom
Freedom
fromfrom
deception
deception
Interference with contractual rights
Disparagement
Fraudulent misrepresentation
Defenses to Intentional Torts


Consent – a person may not recover for
injury to which he willingly and
knowingly consents.
Self-Defense – a person may take
appropriate action to prevent harm to
himself where time does not allow resort
to the law.