chapter 4 (Intentional Torts: Injury to people and property)
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11 terms
Terms | Definitions |
|---|---|
 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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