Ch 7 Intentional Torts (got 94% in the course)

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Department
Business Law
Course
BLAW 3201
Professor
All Professors
Semester
Winter

Description
Ch 7 Intentional TortsTort is committed when1 a duty owed by one person to another2 is breached and3 proximity causes4 injury or damage to the owner of a legally protected interestIntent either the actor desires to cause the consequences of his act or that he believes that those consequences are substantially certain to result from itHarm to the PersonBattery intentional infliction of harmful or offensive bodily contactIt may consist of contact causing serious injury such as gunshot wound or a blow to the head with a clubOr it may involve contact causing little or no physical injury such as knocking a hat off of a persons head or flicking a glove in their faceBodily contact is offensive if it would offend a reasonable persons sense of dignity even if the defendant intended the conduct only as a joke or a complimentFor example kissing without permission would constitute batteryAssault intentional infliction of apprehension of immediate bodily harm or offensive contactIt is usually committed immediately preceding a battery but if the intended battery fails the assault remainsAssault is principally a mental rather than a physical intrusionAccordingly damages for assault may include compensation for fright and humiliationThe person in danger of immediate bodily harm must have knowledge of the danger and be apprehensive of its imminent threat to his safetyFor example if Joan aims a gun at the back of Kellys head but Pat subdues her before Kelly becomes aware of the danger Joan has not committed an assault upon KellyFalse Imprisonment intentional confining of a person against her will within a fixed boundaryMerely obstructing a persons freedom of movement is not false imprisonment as long as a reasonable alternative exit is availableMainly a big problem for merchantsInfliction of Emotional Distress extreme and outrageous conduct intentionally or recklessly causing severe emotional distressRecklessness is a conduct that evidences a conscious disregard of or an indifference to the consequences of the act committedExamples would be sexual harassment or outrageousprolonged bullying tactics by creditors and tax collectorsHarm to the Right of DignityDefamation false communication that injures a persons reputationThe elements of a defamation action are 1 a false and defamatory statement concerning another 2 an rdunprivileged publication communication to a 3 party 3 depending on the status of the defendant negligence or recklessness on her part in knowing or failing to ascertain the falsity of the statement and 4 in some cases proof of special harm caused by the publicationIt also must be communicated to someone other than the defamed
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