Chapter 10 Intentional Torts Part 1 Flashcards
Tort
A civil wrong. Tort is a violation of a duty imposed by law. Applicable to everyone. Torts are not equal to crimes.
Tort Actions
Lawsuits between private parties; seeking compensation for losses suffered as a result of a wrong. (Different than breach of contract action)
Breach of Contract Action
Violation of an obligation that the parties have voluntarily created between themselves.
Battery
An intentional, unexcused harmful or offensive physical conduct. The intent the law requires is the intend to do the act, not the intent to actually harm the person! (Intent of action). Example of your friend leaning on the umbrella. There does not need to be an injury. These elements must be proved in court by the preponderance of the evidence.
Transferred Intent
A throws a rock at B intending to hit B but misses and hits C. There is still the intent!
Battery: Harmful or Offensive?
What would offend a reasonable person? An unwanted kiss or a puff of smoke would qualify.
Injury is not an element of the tort!
Do not need an injury to prove the existence of a battery.
Brown vs. Strauffer Chemical Co.
Brown called Maring a ‘scap’, then fired Maring. Brown gave Maring ‘pats on the rear’, and was charged with assault and battery. ‘Pats on the rear’ are a battery, and are harmful offensive (deemed by the Court).
Brown awarded nominal damages ($1) for the battery and assault by his supervisor.
The point of intentional torts is to compensate the victim of the losses! There is an element of wrongful conduct to send the message to not do something.
Battery: Physical Conduct?
Direct: person to person.
Physical forces: throwing a beer bottle or the eraser; or touching something attached to the person.
Contact may be with something attached to or in near proximity of the plaintiff. (Purse in one’s arms or dog on a leash).
Dog on leash: Possibly battery, depends on the length of the leash and how connected the person was to the dog.
Women with a purse: if a guy steals the purse; it can be a battery because the purse is part of the woman’s personal space!
Battery: Unexcused
It is unexcused.
Battery: Defenses
Consent and Justification.
Battery Defense: Consent
Just because you have consented to contact, you have consented to all the physical harm (Think of sports).
Battery Defense: Justification
Self-defense should be applied at the same level. Defense of others or property.
If you are threatened with deadly force, then you are allowed to use self-defense with deadly force.
Assault
An intentional unexcused act that creates in another person a reasonable apprehension or fear of immediate harmful or offensive conduct.
Battery is the touching, the assault is what precedes that!
Sometimes there is the battery and an assault. No tort for verbal assault.
Assault Examples
When he throws the eraser that’s battery, when he winds up with the eraser that is the assault! When the criminal shows off the gun or frying pan that is the assault.
Assault Intent
You have to do the act that creates the fear of the apprehension of contact, it is not actually intending to create the fear!
False Imprisonment (Unlawful Restraint)
Intentional confinement or restraint of another person without justification.
Must be by physical means or threat thereof, not by mere moral pressure, alone.
False Imprisonment Defenses: Consent
J.H. Harvey Co. vs. Speight.
J.H. Harvey Co. vs. Speight
Harvey was suspected for shoplifting cigarettes and is confronted by the manager.
Speight sued for assault, battery, and false imprisonment.
1) Battery: The manager touches the jacket (Court said Speight gave the manager consent though!)
2) Assault: Court said it was consented as well! (The manager waving his hand the assault is the assault but it was consented).
3) False imprisonment: Court said this was voluntarily! He offered to stay and let the manager search him and talk to him!
Shopkeepers Qualified Privilege (Need All Three points)
1) Reasonable suspicion of shoplifting and 2) reasonable manner and 3) reasonable time.
Adams vs. Zayre Corp.
Adams was detained while employees checked her bags for 15 minutes and then detained for additional time for “processing”–even though shoplifting suspicion was disproven. This is not “reasonable time.”
Adams wins for false imprisonment! (BOOM)
1) Reasonable time: Nope, took them 15 minutes. Should only really take 1 minute! This was an unreasonable time.
2) Reasonable manner: Well they grabbed her and held her.
3) Reasonable suspicion of shoplifting: it’s a privilege to stop these people but it needs to be done reasonably.
Defamation
Publication of a false statement of fact that holds another up to hate, ridicule or contempt (damages a person’s reputation or character for honesty or integrity).
Slander
Oral defamation.
Libel
Written defamation. Any broadcasting media including the internet.
This is a more serious tort than slander.
Written word tends to be more hurtful than slander (can read it on newspaper), more believable.
Written statements are archived! Can be read over and over again, whereas overall statements go away over time.
