Chapter 6 Intentional Torts 05 27 2013 Tort a civil wrong that is anything other than a breach of contract Civil liability for those who commit torts have to prove case by Preponderance of Evidence 51 likely more than not Plaintiff wins gets propensitory damages award of money to compensate o Subsets of propensitory damages could include medical bills emotional distress and physical injuries Punitive damages in addition to propensitory to punish defendant to deter future misconduct from defendants and others 3 Types of Misconduct 1 Intentional Misconduct Intent desire to cause certain consequences or substantial certainty that those consequences will result from one s conduct o Could get punitive damages o EX Russian Roulette substantial certainty 2 Recklessness conscious in indifference to a known and substantial risk of Could get punitive damages EX 4th of July shooting off guns harm resulting 3 Negligence failure to use reasonable case with harm onto somebody If a plaintiff wins a negligence case they cannot get an award of punitive damages because society believes negligence isn t bad enough for punitive EX auto accident 4 Strict Liability you are liable regardless of whether you were at fault automatic liability ultra hazardous EX operating nuclear things people in town get sick then operator is liable even if wasn t at fault Types of Intentional Torts Interference with Personal Rights 1 Battery civil could be both a tort and a crime the intentional and either harmful or offensive touching of another without his or her consent falling in a concert unintentional doesn t count o ON EXAM Was it intentional If no then there is no tort o P 173 transferred intent Ronnie went to hit Situation and hits Snookie instead Can he be sued for battery YES Touching doesn t have to be direct contact EX poison Consent is a defense to battery may be inferred from voluntary participation in the activity but only as to contacts that are the normal consequence of the activity EX biting while boxing not normal 2 Assault intentional attempt or offer to cause harmful or offensive contract with another person if the attempt or offer causes a reasonable apprehension of immediate battery in the other person s mind A tort even if no contact occurs Apprehension is key you the victim think you re going to be struck o Must be immediate or emanate now o Must be reasonable 3 Intentional Infliction of Emotional Distress most say plaintiffs can sue for severe emotional distress Conduct so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency and to be regarded as atrocious and utterly intolerable in a civilized community o Conduct must be outrageous o Plaintiffs emotional stress must be severe o Has to be Intentional distress EXAMPLE Monday Night Football Hank Williams Jr s Theme Song Hank compares Obama to Hitler ESPN won t play his song anymore government o Violation of 1st amendment NO because not done by 4 False Imprisonment intentional confinement of another person for an appreciable time as short as a few minutes without that person s consent Confinement physical barriers locking in a room threats Charlie Sheen notices missing watch locks porn star in room Capri could claim false imprisonment Can result from an untrue assertion of a legal authority to detain o Pretend cop Threat to harm a spouse or child Confinement has to be complete for a tort to happen o Multiple exits o If victim doesn t know about other ways then it s still a tort o If there are other ways but could result in harm then it s still a tort jump out of a window Victim is being confined but doesn t know then it s not false imprisonment If you consent to being confined defense Shoplifting detain someone they suspect stole person claims false imprisonment 5 Defamation protects the individuals interest in his or her reputation Statements of opinion do not qualify Unprivileged NO defense Depending on whether or not something is libel or slander determines what plaintiff needs to prove to win o Libel written or printed defamation radio TV internet Plaintiffs can win without proving reputation was injured o Slander must prove at trial that reputation was injured unless it s presumed it was Slander per say 4 types 1 Defendant says that plaintiff has committed a crime of moral turpitude fraud or blackmail or one involving potential imprisonment 2 Defendant says that plaintiff has a loathsome disease SDT 3 Adverse reflection on plaintiff s fitness to conduct a business trade or profession defendant claims didn t pass bar exam 4 Defendant accuses plaintiff of serious misconduct cheat and or homosexual activity Four Elements o 1 Privileged have to show statement is false a true statement can NEVER be defamatory ON EXAM Has to be of and concerning the plaintiff A fictional account can be defamatory if a reasonable reader can identify the plaintiff as the subject of the story groups that are defamed EX a frat an individual can t sue unless the group is small enough so that the individual can be identified Dead People Family can t sue no liability for defamatory statements about dead people Corporations can sue EX Proctor Gamble o 2 Has to be publication has to be transmitted to at least one other person If no one hears it it doesn t count If Snookie overhears and repeats to Ronnie still a defamation defamation If you work at a book store you re not liable for A publisher is held liable Time Magazine liable for what s published If ISP is publishing a statement published online by someone else not defamation If ISP is original source then it is defamation Internet service providers and operators communications decency act are not liable o 3 Defenses and Privileges 2 Kinds of privileges 1 Absolute complete defense truth If statement falls into any of these four then absolute defense defendant will always win A Statement made by a participant in a judicial proceeding anything a witness lawyer or judge says in court not defamatory B Statements made by legislatures or witnesses during legislative proceedings C Statements made by certain federal officials secretary of state cabinet D Statements made by one spouse to another made in private 2 Qualified defendant will usually but not always win He will win if he hasn t abused the privilege Abuse If at the time you make the statement you know it s false or you are reckless Conditional Privilege abuse exists when statement is made to further the interest of someone
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