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February 8 - February 8 2007 If an individual gets mad...

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February 8, 2007 If an individual gets mad about being injured and sues the other individual it is considered a tort. If a tort is sought after you can only receive money or them to leave you alone. If a tort is committed because it is in the scope of your employment the employer is required to step in and take the heat. Tort laws are all an attempt to compensate the victim, making the victim whole. Torts = a voluntary act, some kind of intent and have caused legally recognizable damages. Intentional Torts Assault or battery o You’re standing behind a tree on Halloween and you leap out at them and it’s a joke, you’ve just committed assault, they were afraid of being harmed. o Assault is an attempt at battery. Assault is fear of being harmed, battery is being physically hurt. Defense- consent, reasonable force, defense of others, or property, defense of necessity. If the state goes after that individual it is then considered a crime. Criminal law is to support the peace and keep things civilized and prevent people from doing bad things again. February 12, 2007 False imprisonment- keeping somebody in one place without a proper reason. As a shopkeeper you have the right to detain somebody if you have probable cause for a reasonable amount of time with a reasonable amount of force. Consent- if you go to the hospital and check yourself into the psych ward you have just consented. Intentional infliction of emotional distress (IIED)- You can be sued over a prank phone call if you tell them “your mother has just died” severe emotional distress is caused. Extreme or outrageous is determined by the jury. In some states, you must have a physical manifestation of distress. Defamation- Libel and slander: Libel is written and slander is said. Making a false statement about a person to a third party causing injury to reputation. Must show that there has been damage to your reputation. Exception: if you have been slandered or
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libeled, per say. Someone has a loathsome communicable disease, AIDS, leprosy.
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