Chapter 6 Outline (got the best grade in class)

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Department
Business Law
Course
BLAW 3201
Professor
All Professors
Semester
Winter

Description
Chapter 6Intentional TortsAny time that one partys allegedly wrongful conduct causes injury to another an action may arise under the law of torts Through tort law society compensates those who have suffered injuries as a result of the wrongful conduct of othersBusiness torts apply only to wrongful interferences with the business rights of others use worded concepts as unfair competition and wrongfully interfering with the business relations of others The Basis of Tort LawTort law is designated to compensate those who have suffered a loss or injury due to another persons wrongful act A tort action is when one person or group brings a lawsuit against another person or group to obtain compensation or other relief for the harm sufferedThe Purpose of Tort LawThe basic purpose of tort law is to provide remedies for the invasion of various protected interests A tort action is a civil suit because it involves only private parties and not the governmentClassifications of TortsIntentional and Unintentional torts the classification of the torts depend largely on how the tort occurs and the surrounding circumstancesIntentional Torts against PersonsAn intentional tort requires intent the tortfeasor the one committing the tort must intend to commit an act the consequences which interfere with personal or business interests of another in a way not permitted by law Intent means only that the actor intended the consequences of their act or knew with substantial certainty that specific consequences would result from the act Assault and BatteryAny intentional unexcused act that creates in another person a reasonable apprehension or fear of immediate harmful or offensive conduct is an assaultThe completion of the act that caused the apprehension is battery which is as an unexcused and harmful or offensive physical contact intentionally performed Ex Ivan threatens Jean with a gun and then shoots her The pointing of the gun at Jean is an assault the firing of the gun if the bullet hits Jean is a batteryCompensation a plaintiff may be compensated for the emotional harm or loss of reputation resulting from battery as well as for physical harm as long as the jury agrees that the plaintiff has the right to compensationDefenses To Assault and Battery the defendantthat is being sued can raise any of the following legal recognized defensesConsent a person consents to the act that damages them there is generally no liability for the damage doneSelfDefense an individual who is defending their life or physical wellbeing a person may normally use whatever force is reasonably necessary to prevent harmful contactDefense of Others an individual who acts in a reasonable manner to protect others who are in real or apparent danger
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