MANGMT 3540 1st Edition Lecture 4 Outline of Current Lecture I. Chapter 4: Intentional TortsCurrent Lecture I. DefinitionsA. Tort: Civil wrong other than breach of contract for which the law provides a remedyB. Tortfeasor: person committing a tortC. Joint Tortfeasors: two or more people who join together in committing a tortD. Joint and several liability: allows victim to collect total damages from one or fromall joint tortfeasorsE. Intent: purpose to do the act is all that is required- do not have to intend harm orresults. 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 BatteryA. Assault: an intentional act causing immediate expectation of injury or offensive contactB. 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 personi. Intend to harm or intend to scare;2. Act: words alone are not enough. Must be some outward movement creating immediate expectation of danger; AND3. Result: reasonable expectation of immediate injury or offensive contact C. Battery: An intentional act causing another person injury or offensive contactD. Three Elements of Proof for Battery1. Intent same as for assaulti. Intend to harm or intend to scareii. Transferred intent is sufficient: there is intent to harm someone, need not intend exact results.2. Act- same as for assault, AND3. Result: Injury or physical contact offensive to a reasonable personi. Example: harmless contact offensive only to a paranoid person is not battery.E. Four Defenses to Assault and Battery1. Consent: when the victim agrees to the physical contact. i. Contact sportsii. Voluntary fist fights2. Self-defense: the privilege to use the amount of force reasonably necessary to repel real or apparent dangeri. Apparent danger (e.g. paintball gun)ii. Retaliation is not self-defenseiii. 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 others4. 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 aloneii. Can defend self when someone threatens you and property5. Castle doctrine: Mo. Also if in car or against any forcible felony; no duty toretreati. Ability to use deadly force to protect oneself in an occupied motorvehicleF. Excessive force examples: punching someone because they spit on youIII. False ImprisonmentA. Definition: The intentional detention of another within boundaries for any length of time, with that person’s knowledge and without consentB. Elements of Proof1. 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 imprisonmentC. Shopkeeper’s privilegea. A merchant with reasonable cause to suspect shoplifting may detain suspect in reasonable manner for reasonable length of timei. 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 reasonableii. Can’t detain once reasonable cause is given (Target/car seat