09092020 Lecture.docx - Intentional Torts and Negligence...

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Intentional Torts and Negligence Intro: Injured party seeks compensation for a wrong done through a civil lawsuit Damages o Compensatory o Punitive: punishable o Wrongful death Must prove intent Assault Threat of immediate harm/offensive contact Causes reasonable fear of harm No physical contact needed Battery Unwanted or harmful contact Does not require direct physical contact May be in addition to assault charge Doctrine of Transferred Intent Perpetrator’s intent is transferred from target to actual victim Party A wants to harm Party B -> Party A actually harms Party C -> Party C can sue Party A False Imprisonment Intentionally confining/restraining another without authority or justification o Physical Force o Barriers o Threats o False Arrest Merchant Protection Statutes Merchants may stop, detain, and investigate suspected shoplifters o Reasonable grounds o Detained for reasonable time o Investigations reasonably conducted Appropriation Misappropriation of the right to publicity/Tort of Appropriation Attempt to appropriate a (living) person’s identity for commercial purposes o Recourse: Recover unauthorized profits Injunction
Invasion of Right to Privacy Violation of right to live life without being subjected to unwanted publicity Placing person in a “false light” Defamation of Character Slander-oral Libel-written Must prove: o Untrue statement of fact was made o

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