MANGMT 3540 1st Edition Lecture 4 Outline of Current Lecture I Chapter 4 Intentional Torts Current Lecture I Definitions A Tort Civil wrong other than breach of contract for which the law provides a remedy B Tortfeasor person committing a tort C Joint Tortfeasors two or more people who join together in committing a tort D Joint and several liability allows victim to collect total damages from one or from all joint tortfeasors E Intent purpose to do the act is all that is required do not have to intend harm or results Reckless disregard of potential harm is usually enough F Nonfeasance failure to act e g failure to rescue someone in danger Generally no liability for nonfeasance exceptions II Assault and Battery A Assault an intentional act causing immediate expectation of injury or offensive contact B Three Elements of Proof must know all 3 for test 1 Required intent To cause expectation of harm or to cause injury or physical contact offensive to a reasonable person i Intend to harm or intend to scare 2 Act words alone are not enough Must be some outward movement creating immediate expectation of danger AND 3 Result reasonable expectation of immediate injury or offensive contact C Battery An intentional act causing another person injury or offensive contact D Three Elements of Proof for Battery 1 Intent same as for assault i Intend to harm or intend to scare ii Transferred intent is sufficient there is intent to harm someone need not intend exact results 2 Act same as for assault AND 3 Result Injury or physical contact offensive to a reasonable person i Example harmless contact offensive only to a paranoid person is not battery E Four Defenses to Assault and Battery 1 Consent when the victim agrees to the physical contact i Contact sports ii Voluntary fist fights 2 Self defense the privilege to use the amount of force reasonably necessary to repel real or apparent danger i Apparent danger e g paintball gun ii Retaliation is not self defense iii Deadly force only allowed with threat of death or serious bodily harm 3 Defense of others the privilege to use the amount of force reasonably necessary to repel real or apparent danger to others 4 Defense of property the privilege to use the amount of force reasonably necessary to repel real or apparent danger to property i Deadly force may never be used to protect property alone ii Can defend self when someone threatens you and property 5 Castle doctrine Mo Also if in car or against any forcible felony no duty to retreat i Ability to use deadly force to protect oneself in an occupied motor vehicle F Excessive force examples punching someone because they spit on you III False Imprisonment A Definition The intentional detention of another within boundaries for any length of time with that person s knowledge and without consent B Elements of Proof 1 Intentional detention of another a Words alone aren t enough to create batteries 2 With that person s knowledge and without consent a Person passes out at a bar and wakes up after bartender locks up feels detained VS Same scenario but person never wakes up until they open again thus not false imprisonment C Shopkeeper s privilege a A merchant with reasonable cause to suspect shoplifting may detain suspect in reasonable manner for reasonable length of time i Manager detains shoplifter by handcuffing him her to middle of the store on a pole and then pushed a button that buzzed and said potential shoplifter NOT reasonable ii Can t detain once reasonable cause is given Target car seat example