| INTENTIONAL TORTS There are two general types of intentional torts: those causing injury to persons and those causing harm to property. A person who proves that someone else committed an intentional tort against him or her can recover damages to make up for the harm caused. TYPES OF DAMAGES: 1. Compensatory damages � compensation for harm caused by defendant. Can include lost wages, medical expenses and pain and suffering. 2. Nominal damages � symbolic awards of money to recognize that the defendant was wrong. 3. Punitive damages � amounts of money awarded to the plaintiff to punish the defendant for malicious, willful, or outrageous acts. Serve as a warning to others not to engage in such conduct. TORTS THAT INJURE PERSONS: 1. Battery 2. Assault 3. Infliction of Mental Distress � intentionally using words or actions that are meant to cause someone fright, extreme anxiety, or mental distress. Defendant�s conduct must be quite outrageous . 4. False imprisonment � intentionally and wrongfully confines another person against his or her will. 5. Defamation � when a person makes a false statement that is communicated to a third party. i. Slander � oral statements that harm reputation ii. Libel � written defamation TORTS THAT HARM PROPERTY: Tort law protects your property in two ways: (1) it protects against interference with the owner�s exclusive use of the property, and (2) it protects against the property being taken or damaged. Three kinds of property are protected: real property (land and items attached to it), personal property (property that can be moved), and intellectual property (creations of a persons mind). In some cases, tort law protects against harm caused by someone who never physically enters your property. A nuisance occurs when there is an unreasonable interference with the use and enjoyment of your property. Courts will balance the usefulness of the activity complained of against the harm caused. Intellectual property � i. patents recognize property that has been invented and gives the inventor a complete monopoly over the product for twenty years ii. Copyrights protect any form of creative expression that is somehow fixed. You do not have to go through any legal process in order to have a copyright. DEFENSES: Consent � the plaintiff agreed to the harmful conduct. Can be written, spoken, or assumed Privilege � justifies conduct because the defendant�s interests, or those of the public, require it. Legal authority, self-defense, and defense of property are examples. |