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Intentional Torts

Intentional Torts. Injury to Persons. Review of Negligence. 4 elements Duty Breach Causation Damages. Intent. Doing something on purpose Want, desire, purpose, for the consequence to happen OR Know to a substantial certainty that the consequence will happen. Battery. 4 elements:

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Intentional Torts

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  1. Intentional Torts Injury to Persons

  2. Review of Negligence • 4 elements • Duty • Breach • Causation • Damages

  3. Intent • Doing something on purpose • Want, desire, purpose, for the consequence to happen OR • Know to a substantial certainty that the consequence will happen

  4. Battery 4 elements: • intent, • chose to commit the act • a harmful or offensive contact • to the plaintiff’s person

  5. Intentional Infliction of Emotional Distress (IIED) 3 elements • intentional or reckless behavior • extreme and outrageous • the cause of severe emotional distress.

  6. False Imprisonment 3 elements • Restraint of person • Plaintiff’s physical liberty lost • Plaintiff suffers loss of freedom

  7. Defamation • Slander: Untrue oral statements that harm a person’s reputation • Libel: Untrue written statements that harm a person’s reputation • Media protected by freedom of press- must prove actual malice for lawsuit

  8. Defenses • Consent: plaintiff agreed to harmful conduct • Children horseplaying • Privilege: legal authority justifies conduct • Police officers, parents, property owners • Self-defense: reasonable force to protect oneself • Fending off “beat-downs” • Mutual combat (fights) not considered

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