Intentional Torts Outline - You must have intent and harm for intentional torts 1) Assault and Battery a. Assault – causing a threat of immediate bodily injury causing apprehension i. Has to actually cause apprehension; ex: McCraney v. Flanagan – girl was given a drink and blacked out, woke up and was raped – since she could not prove it caused her apprehension of offensive contact she did not win the assault claim b. Battery – physical contact that is not invited/permitted; causing harmful/offensive contact with another i. “harmful/offensive” – could be anything; ex: Caudle v. Betts – Caudle was chased with car battery that caused a lot of damage, Betts said he didn’t mean to hurt him, just shock him a little. This was enough harmful intent – doesn’t matter how harmful/big the claim would be, just has to be harmful c. Defenses of Assault/Battery: i. Consent – 1. Cole v. Dept. of Public Safety : training exercise for prison riots, shouldn’t have been a harmful exercise, but Cole was the ‘prisoner’ of the game, and was beaten severely by the ‘cops’. The defense was that he agreed to be in the game – he didn’t agree to a free for all brawl though, so the defense was invalid 2. Hackbart v. Cincinnati Bengals : football player gets hit on the back of the head really hard, he sues the Bengals and the Bengals’ player who hit him. The judge said that if a ref would have seen the hit it would have been a flag – if football says it’s not ok to do that, then he did not consent to it. ii. Self-defense – 1. You can use reasonable force based on the circumstances – proportional to the amount you got 2) Defamation – false statement that ruins P’s reputation; in Texas, corporations can sue for defamation - 2 types: slander (oral) and libel (written/more permanent expression) - need the following 4 elements to be a defamation claim: a. D published a statement of fact (orally, on social media, etc.); even if it’s just repeating someone else’s false statement; published = anything b. The statement referred to P personally c. The statement is defamatory (false and likely to injure P’s reputation) d. D acted with i. Negligence regarding the truth (if it’s a private person) – you have to use “duty of reasonable care” to see if the statement is true or not before publishing – if you don’t even try to find truth then it’s negligent ii. Malice (intentionally reckless disregard for the truth) (if public figure) – reckless disregard for the truth
e. Defenses of Negligence – i.
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- Spring '08