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Torts - CHAPTER TWELVE TORTS I Tort a civil wrong breach of...

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CHAPTER TWELVE TORTS I. Tort – a civil wrong – breach of a legal duty that proximately causes harm to another – often results in monetary compensation II. Intentional torts – A. Intent to commit an act B. The law assumes that a person intends the normal consequences of his actions. Ex: pushing someone who then falls down and hurts himself C. Examples – 1. Assault – intentional, unexcused act that creates in another person a reasonable apprehension of immediate physical harm 2. Battery – the unprivileged, intentional touching of another person – harmful or offensive contact. Whether contact is offensive is determined by the “reasonable person standard” – how a reasonable person would have acted under the same circumstances. 3. Defenses to Assault and Battery – (a) Consent (b) Self-Defense – whatever force is reasonable necessary to prevent harmful contact (c) Defense of others – reasonable use of force to protect another person (d) Defense of property – reasonable, but not deadly, force can be used to protect property 4. False imprisonment – intentional confinement or restraint of a person’s activities without justification (a) through the use of physical barriers, restraints or threats of physical force
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(b) What about a storeowner’s detention of an alleged shoplifter? (1) must have probable cause to detain (2) detention must be in a reasonable manner for a reasonable period of time 5. Intentional Infliction of Emotional Distress – intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another (a) Ex: telephone prank that spouse has been killed in a car wreck (b) limitations – requires more than an indignity or annoyance alone (c) Usually extreme conduct which results in extreme emotional damages 6. Defamation – wrongfully hurting another person’s good reputation.
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