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LAW 240 Ch 4 Intentional Torts
Terms in this set (12)
One can commit an intentional tort with either the conscious desire to cause harm or with the knowledge that harm is substantially certain to result.
A defendant need not actually touch the plaintiff's body to be liable for battery
Libel and slander refer to acts of oral defamation by a malicious agent.
There can be trespasses to real property even if no actual harm has be caused
Disparagement pertains to false statements about the quality of a company's products
For public figure to sue for defamation he/she must prove:
The tort of interference with contract:
Applies to a person who intentionally prevents performance of another persons contract
Cyber-trespass is commonly considered to be a trespass on:
Mason is upset with his roommate Alan because Alan refuses to clean up after himself. In a fit of rage Mason tries to hit Alan upside the head but misses. At the time, Alan's back was turned away from Mason and he is completely unaware that Mason tired to hit him. Under the circumstances.
Mason is liable for neither assault o battery
There are potential defenses to the tort of defamation:
The plaintiff's burden of proof in a intentional tort case is "by a preponderance of the evidence" which is also applied in all the following instances EXCEPT:
A case where a defendant's liberty may be at stake
Punitive damages are:
Damages in excess of the plaintiff's injuries, awarded to punish the defendant.
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