Chapter 6 - McGraw Hill Higher Education

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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
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