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Chapter 6 - Intentional torts. After reading the material in this chapter, you should be able to: Define tort and explain types of wrongfulness; understand concept of damages; understand elements of intentional torts that interfere with personal or property rights, including assault, defamation, invasion of privacy, nuisance, and trespass. | Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill/Irwin 2 Crimes Intentional Torts Negligence and Strict Liability Intellectual Property and Unfair Competition Crimes and Torts P A R T Intentional Torts P A E T R H C 6 The good have no need of an advocate. Phocion Define tort and explain types of wrongfulness Understand concept of damages Understand elements of intentional torts that interfere with personal or property rights, including assault, defamation, invasion of privacy, nuisance, and trespass Learning Objectives A tort is a civil wrong that is not a breach of a contract Four types of wrongfulness are involved: Intent Recklessness Negligence Strict liability Definition of a Tort Standard of proof that plaintiff must satisfy in a tort case is preponderance of the evidence standard A plaintiff who wins a tort case usually recovers compensatory damages for the harm suffered as a result of defendant’s wrongful act Particularly bad behavior may . | Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved. McGraw-Hill/Irwin 2 Crimes Intentional Torts Negligence and Strict Liability Intellectual Property and Unfair Competition Crimes and Torts P A R T Intentional Torts P A E T R H C 6 The good have no need of an advocate. Phocion Define tort and explain types of wrongfulness Understand concept of damages Understand elements of intentional torts that interfere with personal or property rights, including assault, defamation, invasion of privacy, nuisance, and trespass Learning Objectives A tort is a civil wrong that is not a breach of a contract Four types of wrongfulness are involved: Intent Recklessness Negligence Strict liability Definition of a Tort Standard of proof that plaintiff must satisfy in a tort case is preponderance of the evidence standard A plaintiff who wins a tort case usually recovers compensatory damages for the harm suffered as a result of defendant’s wrongful act Particularly bad behavior may result in an award of punitive damages The Basics Battery Assault Intentional Infliction of Emotional Distress False Imprisonment Defamation Invasion of Privacy Misuse of Legal Proceedings Deceit (Fraud) Interference with Personal Rights Intentional and harmful or offensive touching of another without the person’s consent No liability if person consented Contact is harmful if it produces bodily injury, but battery includes nonharmful contact that is offensive (reasonable person standard) Example: Howard v. Wilson case Battery The hyperlink is to the case summary and decision on the Justia.com website. In Howard v. Wilson, the Mississippi Supreme Court applied the elements of battery to the facts alleged in the case. The facts were that Howard, an employee of Citi Trends (a clothing store), attacked plaintiff Wilson with a pair of scissors. Note that the reason Howard’s name is first in the case style is that the trial court denied Howard’s motion to dismiss. On appeal, the .
