chapter 4 (Intentional Torts: Injury to people and property)

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11 terms · Intentional Torts: Injury to people and property

Torts

- Civil Law allows recovery for physical and economic injury, due to harm caused through the fault of others.
- Responsible to pay compensation

3 Types of Torts

1. Intentional
2. Negligence
3. Strict Liability

Intentional Torts

the defendant consciously performed some act that injured plaintiff or property.

Intentional Tort examples

Assault and Battery, False Imprisonment/Merchant Exception, Intentional Infliction of Emotional Distress, Wrongful Interference with a Contract, Defamation.

Assault

placing another person in fear of harmful or offensive contact.

Battery

actually making harmful or offensive contact with a person

False Imprisonment / Merchant Exception

Intentional confinement or restraint without justification by threat or physical force / detaining a shoplifter: reasonable cause, reasonable manner, reasonable time

Intentional Infliction of Emotional Distress

an intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another

Wrongful Interference with a Contract

Four elements must be proven:
1. valid contract
2. 3rd party with knowledge of contract
3. 3rd party induces the breach of contract
4. plaintiff suffered damages

Defamation

Injuring a person's name and reputation by making false statements to a third person

Invasion of Privacy

In NYS the tort is one of using a persons name or likeness for trade or advertising purposes without that persons prior written approval.

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