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chapter 4 (Intentional Torts: Injury to people and property)
Intentional Torts: Injury to people and property
- 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
3. Strict Liability
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.
placing another person in fear of harmful or offensive contact.
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
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.