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Chapter 4

Chapter 4 INTENTIONAL TORTSLAW 122.doc

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Department
Law and Business
Course
LAW 122
Professor
Nick Iannazzo
Semester
Fall

Description
CHAPTER 4 INTENTIONAL TORTS LAW 122  A number of torts require proof of the defendant’s intention.  Intentional torts o Assault o Battery o Invasion of privacy o False imprisonment o Trespass to land o Interference with chattels Intentional Torts: involve intentional, rather merely careless, conduct. Have to have intention towards actions. - The plaintiff does not have to prove that the defendant intended to either cause harm or commit a tort. ASSAULT AND BATTERY  Assault and battery are two different meanings  ASSAULT: occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily conduct is imminent. o Not necessarily based on physical contact, based on reasonably belief that physical contact will occur. o Plaintiff must have believed that bodily contact was imminent o Assault can occur even if plaintiff was not frightened -Peoples merely ever sue for assault alone because it is not worth the trouble and expenses of litigation. - Claim for assault usually joined with a claim of battery. - Battery: consists of offensive bodily contact. - Understanding the tort of battery is especially important for business that control crowds or rowdy customers.( bouncers and security personals) INVASION OF PRIVACY - people are becoming more concerned with their privacy - Many reasons why courts traditionally have been reluctant to recognize a tort of invasion of privacy, they want to support freedom of expression and freedom of information. - Privacy is indirectly protected by several torts. o Trespass of land o Breach of confidence o Abuse of private information o Misappropriation of personality o Negligence FALSE IMPRISONMENT - False imprisonment: occurs when a person is confined within a fixe
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