A Frese BMGT380 Business Law Prof Mark Fall 2013 Exam 2 Chapters 6 7 20 Chapter 6 Intentional Torts Tort a civil wrong that is not a breach of contract Identifies different types of wrongfulness culpability or fault o 4 types intent recklessness negligence and strict liability Laws split into civil and criminal but we are only dealing w civil side o Civil Law split into breach of contract and torts 4 Kinds of Wrongful Conduct for Torts 1 Intentional Conduct intent is the desire to cause certain consequences or substantial certainty that those consequences will result form one s conduct o Basis for Intentional Torts which requires intent by the defendant o Ex set off explosion 10 yards from someone s house there is substantial certainty that damages will occur o Book ex Person A shooting person B for purpose of killing or injuring them 2 Reckless Conduct Recklessness a conscious indifference to a known and substantial risk of harm created by one s behavior o Also called willful and wonton conduct o Often treated as a near equivalent of intentional wrongdoing o I e drunk driving o Book ex Person A likes the sound of a gun and shoots it off in a crowded subway station and injured Person B liable for recklessness even if no intent to injure someone 3 Negligence Negligent Conduct a failure to use reasonable care with harm to another party occurring as a result o Book Ex Person A pulls trigger of gun that he just assumes is not loaded and it goes off and injures person B o Less degree of severity than Recklessness o CASE Mathias and also for Recklessness and Punitive Damages 4 Strict Liability liability regardless of fault o Plaintiff doesn t have to prove that defendant was wrongful o Can be difficult for students to understand Ex Operator of nuclear reactor and accident causes radiation to be released and sickens and kills people living in vicinity Survivors could sue operators even if they did nothing wrong b c certain activities are regarded as ultra hazardous o Cannot with 100 certainty be conducted safely and can leave people in charge of activities be liable Tort Law provides for civil liabilities against people who commit torts Have to prove case by preponderance of evidence more likely than not o Lower standard than beyond a reasonable doubt Usually awarded compensatory damages monetary compensation for losses suffered o Damages for injuries suffered more direct and immediate harms Medical expenses lose wages and benefits for physical injuries Also possible for less direct harms such as loss of privacy injury to reputation and emotional distress o May also get Punitive damages for worst kinds of wrongdoers for 2 basic purposes rare A Frese BMGT380 Business Law Prof Mark Fall 2013 Exam 2 Chapters 6 7 20 Punishment of defendant for bad behavior Deterrence deter future bad behavior from same defendant and other potential defendants who may engage in same kind of conduct 2 Categories of Intentional Torts 10 Total Torts for Exam A Interference of Personal Rights 7 To Know for Exam 1 Battery intentional AND harmful OR offensive touching of somebody else without his or her consent o Must be intentional and must be EITHER harmful OR offensive Intent to cause either Harmful or offensive contact OR Apprehension that such contact is imminent Harmful produces bodily injuries Touching Doesn t require direct contact i e poisoning food Can occur by making contact with something on the person s body i e shooting a gun and hitting someone s hat instead Offensive to offend a reasonable sense of personal dignity cultural o Doesn t require victim to be aware he s being battered when it occurs Ex If you attack someone from behind without them seeing you o Transferred intent defendant who intends to injure one person but actually injures another is liable to the person injured despite intent to harm the person injured Ex Person A tries to punch Person B but hits Person C A is liable to injuries of C o Consent valid defense to battery freely and intelligently given Includes voluntary participation in activity only for context of activity Ex Boxer s consent to being hit but battery occurs when Tyson bites off Holyfield s ear not within context of case 2 Assault intentional attempt or offer threat to cause harmful or offensive contact with another person and that attempt or offer causes a reasonable apprehension of immediate battery in the other person s mind o Battery actual contact VS Assault no requirement of contact Belief Apprehension of contact is enough I m about to be hit o Apprehension victim thinks he is reasonably about to be struck Must be imminent threats of future battery doesn t count as assault 3 Intentional Affliction of Emotional Distress Conduct that is 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 From the Restatement Second Torts o Relatively new tort that many courts disagree on how to use o 3 elements of Emotional Distress 1 Defendant s conduct was outrageous and cannot be tolerated by a civilized society 2 Plaintiff suffered severe emotional distress mental injury 3 Clear Majority Rule Defendant must have intentionally or recklessly inflicted the distress o What about outrageous speech 1st Amendment implications make it very difficult to win o CASE Durham A Frese BMGT380 Business Law Prof Mark Fall 2013 Exam 2 Chapters 6 7 20 4 False imprisonment intentional confinement of another person for an appreciable time without his her consent o Appreciable no exact time a few minutes is enough o Confinement physical barrier or threat of physical harm to you or family Or as a result in an unfounded assertion of legal authority to detain Ex person posing as a cop and detaining you or taking purse Confinement MUST be complete Complete if victim unaware of other avenues of escape Complete if other avenues are unsafe NOT if multiple ways to escape and bad guy only blocking one o Ex person breaks in says if you intend to flee they will harm your wife child etc o Knowledge Can only sue if AWARE of confinement o Consent freely given without threat no liability if consent given o Conditional Privilege given to store owners so that they may detain persons suspected of shoplifting Must have reasonable cause act in a reasonable manner and detain no longer than a reasonable about of time o CASE Faniel 5 Defamation Unprivileged publication of false and defamatory
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