BLAW - Chapter 8 - Alex Fish Chapter 8 Introduction to Tort...

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Alex Fish Chapter 8 Introduction to Tort Law Torts are designed to compensate injured parties, whereas criminal laws are designed to punish wrong doers and keep order in society. Torts also prevent retaliation because there is a legal alternative. Torts also give citizens they live in a just society. Intentional Torts Torts based on the element of intent. The intent is not based on the intent to harm, but the intent to do an act, whatever it may be. One does not need to establish motive in an intentional tort. Intentional Torts against People: intentional acts that harm an individual’s physical or mental integrity. o Assault: An assault occurs when one person places another in fear or apprehension of an immediate offensive bodily contact. Reasonable apprehension is applied to assault, so there is no issue with people who are overly fearful. o Battery: An intentional, unwanted, offensive bodily contact. Even if the contact is harmless, it will most likely constitute battery. The person’s intent is not relevant to their liability. Offensive contact constitutes something a reasonable person would be offended by. Most common defenses to battery are: consent, self-defense, defense of others, and defense of property. In self defense, a defender can only use the force that is put upon them by the attacker. o Defamation: the intentional publication of a false statement harmful to an individual’s reputation. Anyone who republishes the false statement is also liable. Libel is defamation published in something like the newspaper or a magazine.
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This note was uploaded on 05/31/2010 for the course ACCT 1237 taught by Professor Hillman during the Spring '10 term at Drake University .

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BLAW - Chapter 8 - Alex Fish Chapter 8 Introduction to Tort...

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