Mizzou MANGMT 3540 - Chapter 4: Intentional Torts (2 pages)

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Chapter 4: Intentional Torts



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Chapter 4: Intentional Torts

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Chapter 4: intentional torts


Lecture number:
4
Pages:
2
Type:
Lecture Note
School:
University of Missouri
Course:
Mangmt 3540 - Introduction to Business Law
Edition:
1

Unformatted text preview:

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



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