intentional tort

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Chapter
4
SECTION OPENER / CLOSER:
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Section 4.1
Intentional Torts
Section 4.1 Intentional Torts
Pre-Learning Question
What is the difference between
criminal law and tort law?
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
The Difference Between
Criminal Law and Tort Law
A crime is an act against not only a
specific individual, but the general
welfare, as well.
A tort is a private wrong committed
by one person against another.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
The Difference Between
Criminal Law and Tort Law
A tort will lead the wronged party to try
and recover money as compensation
for the loss or injury suffered.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
The Difference Between
Criminal Law and Tort Law
A tort does not, however, call upon the
government to punish the wrongdoer.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
The Concept of Rights
The law of torts is grounded in the
concept of rights.
Under tort law all people are entitled
to certain rights.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
The Concept of Rights
These include the right to:
be free from bodily harm.
enjoy a good reputation
conduct business without
unwarranted interference
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
The Concept of Rights
The law imposes a duty on all of us
to respect the rights of others.
Tort law governs this interplay
between rights and duties.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Pre-Learning Question
What is an intentional tort?
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Intentional Torts
Torts can be committed either
intentionally or unintentionally.
An intentional tort occurs when a
person knows and desires the
consequences of his or her act.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Assault and Battery
The tort of assault occurs when one
person deliberately leads another
person to believe that he or she is
about to be harmed.
The tort of battery involves the
unlawful, unprivileged touching of
another person.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Assault and Battery
The tort of assault is different from the
crime of assault.
The victim of a tort assault must
know that the tortfeasor meant to
commit harm.
A tortfeasor is the person who
committed the tort.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Trespass
A trespass is the wrongful damage to
or interference with the property of
another.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Nuisance
The tort of nuisance is anything that
interferes with the enjoyment of life or
property.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Raymond slapped his wife Charlotte
while they were arguing about child
support. Which tort did Raymond
commit—assault or battery?
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
ANSWER
Battery
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
False Imprisonment
Law enforcement officers must have
probable cause or a warrant to arrest
someone, or they can be sued for
false imprisonment, or false arrest.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Defamation
Defamation is the wrongful act of
injuring another’s reputation by
making false statements.
Libel is a false statement in written
form.
Slander is a false statement made
orally to a third party.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Which definition best describes
“tortfeasor”?
a) a person charged with the crime of
assault
b) a person charged with committing a tort
c) the attorney who represents a person
accused of committing a tort
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
ANSWER
A person charged with committing a
tort
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Invasion of Privacy
Invasion of privacy is interfering with
a person’s right to be left alone, which
includes the right to be free from
unwanted publicity and interference
with private matters.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Section 4.1 Assessment
Reviewing What You Learned
1. What is the difference between a
crime and a tort?
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Section 4.1 Assessment
Reviewing What You Learned
Answer
A crime is an offense against the public at
large. A tort is a private wrong committed
by one individual against another.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Section 4.1 Assessment
Reviewing What You Learned
2. What concept is at the heart of tort
law?
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Section 4.1 Assessment
Reviewing What You Learned
Answer
The law of torts is grounded in the concept
of rights.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Section 4.1 Assessment
Reviewing What You Learned
3. How can a tort be committed?
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Section 4.1 Assessment
Reviewing What You Learned
Answer
A tort can be committed intentionally or
unintentionally.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Section 4.1 Assessment
Reviewing What You Learned
4. What are the most common
intentional torts?
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Section 4.1 Assessment
Reviewing What You Learned
Answer
Assault, battery, trespass, nuisance, false
imprisonment, defamation, and invasion of
privacy.
Understanding Business and Personal Law
The Law of Torts
Chapter
4
SECTION OPENER / CLOSER:
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End of Section 4.1
Intentional Torts
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