Chapter 19
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Understand the categories of damages that can
be recovered in intentional tort cases
Be able to identify various types of intentional
torts, and the elements of each
Be able to apply the principles of tort law to
sample fact patterns to determine what torts
have been committed
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Compensatory—damages that
compensate the plaintiff for harm
caused by the defendant
Examples?
Lost wages, medical bills, “pain
and suffering,” loss of consortium
Nominal—a small or “token”
amount of damages awarded as a
symbol of wrongdoing
Punitive—damages to punish the
person committing the intentional
tort
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Battery—intentional harmful or
offensive contact (touching)
Examples?
Shoving, hitting, slapping
What about a kiss?
A tap on the shoulder?
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Assault—action that puts another
person in fear of an immediate
harmful or offensive contact
Actual contact is not required
Question: Is it possible to assault an
unconscious person?
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Infliction of emotional distress—words
or actions intended to cause extreme
anxiety or emotional distress
Conduct must be outrageous
Would these statements/actions
qualify?
“You’re really ugly!”
“Nobody would ever want to kiss
you!”
Probably not.
Example that would?
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False Imprisonment—intentional,
wrongful confinement of a person
against his will
Example: restraining a suspected
shoplifter
Allowed, but must be reasonably
brief and use no greater restraint
than necessary to protect property
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Defamation—oral (slander) or
written (libel) statements that are
false, and which harm a person’s
reputation
Must be a statement of fact, not
opinion
“Public figures” must prove actual
malice (intent to harm, not just
intent to say something)
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Real property—land/real estate
Personal property—things that
can be moved
Intellectual property—inventions
and creative works
All are protected in our system!
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Trespass—entry onto real property
without owner’s permission
Can a trespasser sue you for
damages if they hurt themselves
while trespassing?
Only for things like booby-traps
Or children—attractive nuisance
doctrine
Higher duties are owed to guests
and business invitees
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Nuisance—unreasonable
interference with ability to use and
enjoy property
Examples?
Repetitive loud noises at
unreasonable times of day
Odors
Plaintiff can recover damages
and/or receive injunctive relief
(stop doing it!)
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Conversion—unlawfully exercising
control over another person’s
personal property
May use reasonable force to protect
property
Some states allow use of deadly
force (“Make My Day” laws)
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Infringement—unauthorized use of a patented
or copyrighted work
Patents protect inventions for 20 years; after
that, the invention becomes public domain
Must be granted by US Patent and Trademark
office (www.uspto.gov)
Copyrights apply automatically when a work
is created (registration still recommended)
Covers the work for the lifetime of the holder,
plus 70 years
Derivative works
First sale
Fair use
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Consent—no intentional tort occurs
if a person consents to the conduct
(e.g., football players, boxers,
wrestlers)
Privilege—some persons have
lawful authority over others (police,
parents, etc.)
Self-defense—must use reasonable
force
Defense of property
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Work in pairs to answer problem 19.1 (p. 231)
and the three “You Be the Judge” activities on
pp. 234, 239 and 248
Turn in for class participation credit