Chapter 4 notes - Chapter 4 Intentional Torts I II III IV...

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Chapter 4 Intentional Torts I. Assault and Battery A. Any intentional, unexcused act that creates in another person a reasonable apprehension or fear of immediate harmful or offensive contact is an assault 1. Suffers apprehension if plaintiff wants to avoid it and believes it can occur, whether they are scared or not B. The completion of the act that caused the apprehension, if it results in harm to the plaintiff, is battery i. Physical injury does not need to incur ii. Can occur to any part of the body or anything attached to it iii. Example: rock thrown, food poisoned, or stick swung iv. Motive does not matter, could have been joking around C. Defenses to assault and battery (reasons why plaintiffs can not win) i. Consent – when a person consents to the act ii. Self defense - may use whatever force is reasonably necessary to prevent harmful contact iii. Defense of others – Can act in reasonable manner to protect others who are in real or apparent danger iv. Defense of property – Reasonable force may be used to remove intruders, although force that is likely to cause death or great bodily injury can never be used II. False Imprisonment A. Confinement or restraint of another person’s activities without justification i. Personal barriers, physical restraint or threats of physical force ii. Shoplifters can be detained under probable cause in a reasonable manner and for only a reasonable length in time III. Intentional Infliction of Emotional Distress A. Intentional act that amounts to extreme and outrageous conduct resulting in emotional distress i. Actionable – Capable of serving as the basis of a lawsuit ii. Difficulty in proving the existence of emotional suffering iii. Must be a continued annoyance (stalking) IV. Defamation A. Involves wrongfully hurting a person’s good reputation i. Can’t make false defamatory statements about others ii. Slander – Breached orally iii. Libel – Breached in writing B. Publication Requirement i. Publication means that the statements must be made to other people ii. Anyone who republishes statements are liable C. Damages for Defamation
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i. Under slander, the plaintiff must show “special damages” to the defendant’s liability ii. Must prove slander showed economic losses iii. Under libel you only need to show “general damages” iv. If it is slander per se, no proof needs to be shown (ex: saying one has a disease, has committed improprieties while engaging in trade, has been imprisoned, or has said a women is unchaste D. Defenses i. Proving what was said true ii. If statements were privileged iii. Only in courts and certain government proceedings is absolute privilege granted iv. Qualified privilege applies when a statement is related to public interest or when the statement is necessary to protect a person v. Public figures must prove actual malice compared to private citizens V. Invasion of the Right to Privacy A. A person has the right to solitude and freedom from public eyes B.
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