Chapter 6 Intentional Torts I Torts i desire to cause certain consequences or the substantial is a civil wrong that is not a breach of contract a 4 Types of Wrongfulness Intent certainty that those consequences or the substation certainty that those consequences will result from ones behavior risk of harm created by ones behavior care with harm to another party occurring as a result irrespective of fault We define negligence as a failure to use reasonable conscious indifference to a known and substation liability with out fault or more precisely liability iv Strict Liability ii Recklessness iii Negligence b Standard of Proof i Preponderance of Evidence Greater than 50 in favor of Plaintiff 1 as opposed to Beyond a Reasonable Doubt for criminal cases c Damages i Compensatory Damages defendants wrong doing designed to punish flagrant wrongdoers and to deter them as well as others from engaging in similar conduct in the future for the harm one suffered as a result of ii Punitive Damages II Interference with Personal Rights a Battery without his consent is the intentional and harmful or offensive touching of another i Touching could be either harmful or offensive ii b Assault to cause harm or offensive contact to cause apprehension that such contact is imminent intentional attempt or offer to cause a harmful or offensive contact with another person if that attempt to offer cause a reasonable apprehension of imminent battery in the other persons mind Intent 1 2 i Intent 1 2 to cause harm or offensive contact to cause apprehension that such contact is imminent a Apprehension is key c False Imprisonment the intentional confinement of another person for an appreciable amount of time without his consent protects the individuals interests in his reputation The unprivileged publication of false defamatory statements concerning statements d Defamation written or printed defamation or to other defamation having i Libel a more or less permeation or to other defamation having a more or less permanent physical form usually spoken statements ii Slander iii Must be false and defamatory likely to harm a reputation iv Of and Concerning the plaintiff must be about the plaintiff v Publication one other person has to see or hear it vi Defensive and Privileges 1 Absolute Privilege shields the author of a defamatory statement regardless of her knowledge motive or intent 2 Conditional Privilege give the defendant a defense unless the privilege is abused a Employee references vii Must be Malice 1 knowing it was false 2 Reckless What plaintiff must prove in Case Damages Recoverable if Plaintiff Wins Case Public Official Plaintiff or Public Figure Plaintiff Private Figure Plaintiff and Subject of Public Concern Actual Malice by Clear and Convincing Evidence Fault at lease negligence Damages for proves injury If plaintiff proves only negligence For presumed and punitive damages plaintiff must prove actual malice by clear and convincing evidence Damages for proven actual injury and or presumed damages as well as punitive damages e Invasion of Privacy Private Figure Plaintiff and Subject of Private Concern Perhaps Probably Fault at least Negligence Damages for proven actual injury and or presumed damages as well as i any intentional intrusion of the Intrusion on Solitude or Seclusion solitude or seclusion of another constitutes an invasion of privacy if that intrusion would be highly offensive to a reasonable individual illegal search or seizure 1 2 examining bank accounts ii Public Disclosure of Private Facts someone s private life if it is highly offensive to a reasonable person publishing facts concerning 1 Truth is no excuse in this case 2 1st amendment is no excuse ion certain situations a Public interest b Public figure relating to their public lives iii False Light Publicity if that would be reasonable to a reasonable person places a person in a false light in a public eye 1 Signing off on someone s work if that work is really bad iv Commercial Appropriation of Name or Likeness invasion of privacy can exist when without the person s consent the defendant commercially uses someone names or likeness to employ his endorsement to a of a product or service without his consent liability of III Misuse of Legal Proceedings a Malicious Prosecution criminal proceedings i Recovery affords a remedy for the wrongful institution for 1 Defendant caused the criminal proceedings to be initiated against the plaintiff without probably cause to believe that an improper abuse accord 2 Defendant did so for an improper purpose 3 Criminal proceedings eventually were terminated in the plaintiffs favor c Abuse of Power b Wrongful Use of Civil Proceedings wrongfully instituted civil suits whether criminal or civil for a primary purpose other than the one for which the proceedings were designed imposes liability on those who initiate legal proceedings is designed to protect people from i Suing to persuade someone to do something is the formal name for a tort claim that is available to victims of IV Deficit Fraud known misrepresentation Interference With Property Rights a Trespass to Land V may be defined as any unauthorized or unprivileged intentional intrusion upon another s real property i Physically entering the plaintiff s land ii Causing another to do so iii Remaining on the land past ones right to remain iv Failure to remove from the land anything that they have a duty to v Causing an object or other things to enter land vi Invading airspace above the land or subsurface below it b Private Nuisance some interference with the plaintiff s use and enjoyment remove of her land i Does not involve physical contact with land ii Must be substantional and unreasonable 1 smoke light noise odors vibrations c Conversions the plaintiff s personal property without their consent defendants intentional exercise of dominion or control over i Acquisition of plaintiffs property ii Removal of property iii Transfer of the plaintiffs property iv Withholding possession of the plaintiffs property v Destruction of alteration of the plaintiffs property vi Using the Plaintiffs property VI Chapter 8 277 278 a Interference with Contractural Relations i When one person interferes with a contract in a wrongfully casued the plaintiff to loose the benefit of the performance ii Defendendt must intend to casue breach
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