Chapter 6 - Intentional Torts

Chapter 6 - Intentional Torts - Law & Society I M W 9:30AM,...

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M W 9:30AM, Snell 213 John Exley, ID: 0160294 09.13.08 Chapter 6: Intentional Torts Pages 122-140 Tort: A civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another. Section 1 – The Basis of Tort Law o The Purpose of Tort Law The basic purpose of tort law is to provide remedies for the invasion of various protected interests . o Damages Available in Tort Actions Compensatory Damages Compensatory Damages: A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party. Compensatory damages are often broken down into special damages and general damages. Special damages compensate the plaintiff for quantifiable monetary losses, such as medical expenses, lost wages and benefits (now and in the future), extra costs, the loss of irreplaceable items, and the costs of repairing or replacing damaged property. General damages compensate individuals (not companies) for the nonmonetary aspects of the harm suffered, such as pain and suffering. Punitive Damages Punitive Damages: Money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct. Punitive damages are appropriate only when the defendant’s conduct was particularly egregious or reprehensible. Usually, this means that punitive damages are available mainly in intentional tort actions and only rarely in negligence lawsuits. They may be awarded, however, in suits involving gross negligence , which can be defined as an intentional failure to perform a manifest duty in reckless regard of the consequences of such a failure for the life or property of another. Section 2 – Intentional Torts against Persons Intentional Tort: A wrongful act knowingly committed. Tortfeasor: One who commits a tort. An evil or harmful motive is not required – in fact, the actor may even have a beneficial motive for committing what turns out to be a tortuous act. In tort law, intent means only that the actor intended the consequences of his or her act or knew with substantial certainty that specific 1 | P a g e
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consequences would result from the act. The law generally assumes that individuals intend the normal consequences of their actions. o
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This note was uploaded on 09/15/2009 for the course LW 270 taught by Professor Wears during the Spring '09 term at Clarkson University .

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Chapter 6 - Intentional Torts - Law & Society I M W 9:30AM,...

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