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Intentional Torts
 

Intentional Torts

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Theses slides are the parts of the lectures delivered by Dr. Tabrez Ahmad in KIIT Law School, KIIT University India.

Theses slides are the parts of the lectures delivered by Dr. Tabrez Ahmad in KIIT Law School, KIIT University India.

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    Intentional Torts Intentional Torts Presentation Transcript

    • Dr. Tabrez Ahmad Associate Professor of Law Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Nature of a Tort:
      • Tort liability is imposed by law rather than voluntary assumed as is the case with contract liability.
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • When does a tort occur?
      • There are 4 elements in a tort action:
      • 1. A duty to one person
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • 2. The breach of that duty (either by doing something or failing to do something)
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • 3. The breach must proximately cause the plaintiff’s injury
      • 4. An injury to the plaintiff
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • What is an intentional act?
      • An act is intentional where the actor:
      • 1. Intended the physical consequences of his/her act or
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • 2. Knew, or should have known, that those consequences were substantially certain to occur as a result of his/her conduct
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Example:
      • Bhaskar locks his shop at the end of the day. Unknown to Bhaskar, Kanad was in the restroom.
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • As a result, Kanad could not exit the store until Bhaskar returned the next day.
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Has Bhaskar Committed a false imprisonment?
      • Why or why not?
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Intentional Torts:
      • 1. Battery
      • 2. Assault
      • 3. False Imprisonment
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • 4. Infliction of Emotional Distress
      • 5. Defamation
      • 6. Invasion of Privacy
      • 7. Trespass
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • 8. Nuisance
      • 9. Trespass to Personal Property
      • 10. Conversion
      • 11. Interference with Contractual Rights
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • 12. Disparagement
      • 13. Fraudulent Misrepresentation
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Battery:
      • A battery occurs where the defendant has intentionally caused an offensive touching upon an item which is physically associated with the plaintiff.
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Prima facie defined: “At first look” – a claim “good on the face of it”
      • What does it mean?
      • Why have such a requirement?
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Moving party argues that the Complaint, assuming factual allegations to be true, fails to state a valid legal claim
      • Facts extraneous to the Complaint are not considered – the motion focuses on “the four corners of the Complaint”
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Van Camp v. McAfoos :
      • Plaintiff’s complaint fails to state a claim if it does not contain an allegation of fault – an allegation that the defendant acted either intentionally or negligently
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Literally asks the judge to “direct” the jury to render a verdict for the moving party
      • -- comes after the plaintiff has produced all his evidence at trial
      • -- moving party is arguing that the plaintiff has failed to prove the elements of any legal claim
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Battery requires that the defendant act, “intending to cause a harmful or offensive contact,” and that “a harmful [or offensive] contact results.”
      • -- Snyder v. Turk
      • -- Cohen v. Smith
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • What counts as “contact” ?
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • What damages are available for offensive (not physically harmful) battery?
      • Must damages be proved with precision?
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • 1. Defendant must act volitionally
      • 2. Defendant must intend to cause a harmful or offensive touching of the plaintiff
      • 3. Contact with or touching of the plaintiff
      • 4. Plaintiff must be either harmed or offended by the touching ( note causal link )
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Either of the following:
      • Acting with the purpose to achieve the invasive result,
      • OR
      • Acting with knowledge that the invasive result is substantially certain to occur
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • D intends to commit a tort on A
        • But commits that tort on B instead.
          • Can B sue D for that tort?
        • But commits a different tort on A
          • Can A sue D for the different tort?
        • But commits a different tort on B instead.
          • Can B sue D for the different tort?
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Children: May be held liable for intentional torts, as long as they form the requisite intent and the other elements are proved
      • Parents: Are not liable for torts of their children, unless (1) the parents themselves are at fault and primarily liable, OR (2) a statute makes them liable.
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Polmatier & White v. Muniz
      • General rule : Mental infirmity is not a blanket defense. The issue is whether the defendant formed the required “intent.”
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Defendant must intend to touch the plaintiff
      • AND
      • must intend to harm or offend the plaintiff
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Examples:
      • 1.Where the D
      • deliberately poisons the plaintiff
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • 2.Where the D knocks a hat off the plaintiff’s
      • head
      • 3.Where the D shakes the car that the D knows the plaintiff is seated in.
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Assault:
      • Occurs where the defendant intentionally cause the plaintiff to reasonably be in apprehension of an imminent, offensive touching.
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • False Imprisonment:
      • Occurs when the defendant intentionally confines (either physically or by overcoming the plaintiff’s will)
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • the plaintiff to a definable area from which there is no reasonably apparent means of escape .
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Example:
      • Pleasure Inn
      • Shopkeeper’s Privilege
      • Arrest Privilege
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Defamation:
      • Elements:
      • 1. False Communication
      • 2. Injury to the Reputation
      • 3. Published Statement
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • A defamatory statement is one which is false and lowers the person’s esteem in the community or subjects the person to hatred, contempt, or ridicule.
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Defamation (continued):
      • Libel: When the defamatory statement is in written form.
      • Slander: When the defamatory statement is oral
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • * The defamatory statement must be communicated to a third person or persons other than the one who is defamed.
      • * Can not defame a dead person.
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Defenses to defamation suits:
      • Absolute Privilege
      • Qualified Privilege
      • Constitutional
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Invasion of Privacy:
      • 1. Appropriation of Name or Likeness
      • *Use of another’s name without consent
      • *For benefit
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • 2. Intrusion
      • *Unreasonable and offensive interference with person’s seclusion
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • 3. Public Disclosure of Private Facts
      • * Publicity (communication to public peers)
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • * Of private information regarding an individual can be truthful
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • 4. False Light
      • * Highly Offensive
      • * Publicity
      • * Placing another in false light
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • * The defendant publicly knew was untrue or acted in reckless disregard of truth
      • * There is a difference between an accident and reckless disregard
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Interference with Property Rights:
        • Real Property
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
        • Trespass:
        • Intentionally
        • enters or remains
        • on property belonging to another or
        • causes a thing or another to do so or
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
        • fails to remove something he has a duty to remove.
        • Injury (damage) does not have to occur.
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Interference with Property Rights:
      • Airspace
      • Nuisance
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Personal Property:
      • Intention
      • dispossession or
      • unauthorized use of other’s property
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT
      • Liability:
      • Dispossession
      • Trespass to personal property
      • Conversion
      Friday, December 11, 2009 Dr. Tabrez Ahmad,KLS, KIIT