P A R T 2 Crimes & Torts Crimes Intentional Torts Negligence & Strict Liability Intellectual Property & Unfair Competition McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. C H A P T E R 6 Intentional Torts “The good have no need of an advocate.” Phocion Learning Objectives Definition of Tort Interference with Personal Rights Interference with Property Rights 6-4 Definition of a Tort Tort: civil wrong that is not breach of contract Four types of wrongfulness are involved: Intent Recklessness Negligence Strict liability Standard of proof: preponderance of the evidence 6-5 Interference with Personal Rights Battery Intentional and harmful or offensive touching of another without the person’s consent Assault 6-6 Intentional attempt or threat to cause harmful or offensive contact with another person Attempt must cause reasonable apprehension of imminent battery in other person’s mind Interference with Personal Rights Intentional Infliction of Emotional Distress A recovery for emotional distress even if no other tort is proven but wrongdoer’s conduct must be outrageous before liability imposed False Imprisonment 6-7 Intentional confinement of another for an appreciable time without other’s consent Confinement must be complete, though few minutes is enough Interference with Personal Rights Defamation Unprivileged publication of false statements concerning another person Truth is a complete defense Invasion of Privacy 6-8 Includes intrusion on solitude (with reasonable expectation of privacy), public disclosure of private facts, false light publicity, commercial appropriation of name or likeness Defamation & Free Speech In New York Times Co. v. Sullivan (1964), the U.S. Supreme Court held that when a public official brings a defamation case, s/he must prove the usual elements of defamation and actual malice (a First Amendment–based fault requirement) 6-9 Actual malice means knowledge of falsity or reckless disregard for the truth Interference with Personal Rights Misuse of Legal Proceedings Harm that can result from wrongfully instituted legal proceedings Includes malicious prosecution, wrongful use of civil proceedings, abuse of process Deceit (Fraud) 6 - 10 Knowing or intentional misrepresentations, often in connection with a contract Interference with Property Rights Trespass to Land Unauthorized or unprivileged intentional intrusion upon another’s real property Requires physical entry onto plaintiff’s land Private Nuisance 6 - 11 Interference with plaintiff ’s use and enjoyment of the land Does not require physical entry onto land Interference with Property Rights Conversion 6 - 12 Defendant’s intentional exercise of dominion or control over plaintiff’s personal property without plaintiff’s consent through acquisition, removal, transfer to another, withholding possession, destruction or alteration, or use Test Your Knowledge True=A, False = B Battery is the intentional and harmful touching of another without consent Assault occurs if the act causes a reasonable apprehension of imminent battery in another person’s mind Courts do not allow recovery for emotional distress unless the plaintiff was hospitalized Libel refers to oral defamation and slander refers to written defamation 6 - 13 Test Your Knowledge Multiple Choice The standard of proof a plaintiff must satisfy in a tort case is the: (a) (b) (c) (d) 6 - 14 beyond a reasonable doubt standard more often than not standard preponderence of the evidence standard evidentiary standard Test Your Knowledge Multiple Choice If a public official sues for defamation, s/he must prove the elements of defamation and: (a) extreme damages (b) actual malice The elements of defamation include: (a) unprivileged publication (b) false and defamatory statements (c) without privilege (d) both (a) and (b), but not (c) 6 - 15 Test Your Knowledge Multiple Choice Which of the following torts are not concerned with interference with property rights? (a) (b) (b) (c) 6 - 16 invasion of privacy private nuisance trespass to land conversion Thought Question For several intentional torts, such as defamation or false imprisonment, there may be rights belonging to the defendant, such as free speech or protection of property. How should a court or jury balance these interests? 7 - 17