BSLW6604 Lecture 4: Intentional Torts
8 Jun 2018
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1. Intentional Torts
a. Four level of intent of harm
i. Negligence
ii. Reckless Misconduct
1. A choice in a course of action either with knowledge of the danger or
with knowledge of facts which would disclose this danger to a
reasonable man
2. Intent to commit the act
iii. Gross Negligence
1. Conduct or a failure to act that is so reckless that it demonstrates a
substantial lack of concern for whether an injury will result
2. Ex. Extremely unsafe driving
3. Negligence
a. “Failure to take precautions”
iv. Intentional Torts
1. Intent to commit the act and intent to harm
2. Assault
a. Any act that creates a reasonable apprehension in plaintiff of
immediate harmful or offensive contact with plaintiff
b. Intent by defendant to cause plaintiff’s apprehension
c. Causation: defendant’s act brought about the apprehension
3. Battery
a. A harmful or offensive act by the defendant toward the plaintiff
b. Intent by defendant to bring about the harmful or offensive
contact to plaintiff
c. Causation: defendant’s action brought about the harmful or
offensive contact
4. Intentional Infliction of Emotional Distress
5. Defenses for Assault and Battery
a. Consent
i. Voluntary yielding to invasion of one’s interests
b. Privilege
i. A particular limited benefit enjoyed by an individual or
class of individuals that extends beyond the common
advantages of other citizens
ii. Types
1. Self-defense: No more force than reasonably
necessary
2. Defense of Other: Only to defend another
imminent harm
3. Defense of Property
4. Recapture of chattel
5. Necessity
6. Arrest
7. Discipline
6. Economic Torts: protect people from the interference with their business
a. Defamation
i. The publication of anything injurious to the good name
or reputation of another
ii. Must Prove
1. A false statement concerning the plaintiff
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