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Chapter 7

BUL3130 Chapter Notes - Chapter 7: Objective Test, False Imprisonment, Punitive Damages


Department
Business Law
Course Code
BUL3130
Professor
shupp
Chapter
7

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The Legal Environment of Business Chapter 7 Intentional Torts
Tort Law is primarily common law. The Restatement of torts provides an orderly presentation of
this law
Tort Reform Focused on limiting liability by restricting damages or narrowing claims
o Laws that address specific types of claims
o Laws abolishing joint and several liability or limiting the application of this rule
Joint and several liability is abolished
Each one of the several liability or limiting the application of this rule
o Laws adding defenses to certain types of tort actions
o Laws capping noneconomic damages (Pain and suffering)
o Laws to abolish or limit punitive damages or to raise the standard of proof beyond the
preponderance of evidence
o Las aied at attoreys’ fees
7.1 Intent does not require a hostile or evil motive, but the term denotes either the actor
desires to cause the consequences of his act or believes those consequences are substantially
certain as a result
o Acts with purpose of consequence
o Knowing that the consequence is substantially certain to result
Minors are held liable for their intentional torts
o Age and knowledge are critical to form requisite intent
There are torts that protect an individual from various intentional interferences with target,
dignity, property, and economic interests
7.2 Harm to the Person
o The law provides protection against intentional harm to the person
o Freedom from bodily contact battery
An intentional infliction of harmful or offensive bodily contact
Whether it’s a serious or ior physial ijury
Bodily otat is offesie if it ould offed a reasoale perso’s sese of
dignity
o Freedom from apprehension - assault
Assault the intentional conduct by one person directed at another that places
the other in apprehension of immediate bodily harm or offensive contact
Usually after battery, but if intended battery fails, assault remains
Mental rather than a physical intrusion
Fright or humiliation
Person in danger of bodily harm must have knowledge of the danger and be
apprehensive of its imminent threat to his safety
o Freedom from confinement false imprisonment
False imprisonment is intentional confining of a person against her will within
fixed boundaries if the person is conscious of the confinement or is harmed by it
o Freedom from mental distress infliction of emotional distress
Infliction of Emotional Distress Person by extreme and outrageous conduct
intentional or recklessly cause severe emotional distress to another
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