BLAW 2013 Lecture Notes - Lecture 20: Intentional Tort, Tort Reform, Reasonable Suspicion
21 Mar 2017
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Document Summary
Tort: breach of duty created by law . In most states, tort reform includes punitive damages, non-economic damages . Non-economic damage= pay in suffering: unintentional tort, intentional tort. On purposely cause damages on others wrong for acts . Assault :intentional & unexcused threat of immediate harmful/ offensive contact. Can occur w/o actual contact w. plaintiff & defendant. Reasonable force: allowed to use to detain/ delay & hold suspected person. Deadly force: need risk of death (to justify) Intentional act extreme & outrageous conduct resulting in severe emotional distress. To be actionable : result in physical injury, action= completely intolerable in society (extreme & outrageous) 4) defamation: required elements, communication:either oral/ written comm. Published to at least 1 third party (wrong suspicion: if person tell nobody but the suspect= no comm. : false: statement must be false, damages:comm must result in damage of reputation. Malice= only required if you"re famous person. Avg. people= no need to prove malice.
