Tort: Civil Wrongs
1. Intentional- Person engages in intentional conduct and causes harm to a victim
a. Assault- “Civil Assault” Intentional conduct that threatens a person with a fear of imamate harm.
I.E. the next time I see you on Monday im going to punch you in the face (plaintiff feels threatened, not imamate because it is not present. NO ASSAULT)
b. Battery- Intentional conduct with the wrongful touching of a person without there consent.
I.E. Teacher goes over to a student and decides he is going to hit him because he asks too many questions (battery for touching the student with out there consent and the intention for wrongful touching)
c. False Imprisonment- intentional conduct to detain a person without there consent
-Threaten with use of force
d. Intentional Infliction emotional distress- intentional outrageous conduct that exceeds all bounds of decency (another form of negligence)
MUST CONSIST OF ALL THREE ELEMENTS 1. Intentional conduct
2. Outrageous conduct that exceeds all bounds of decency 3. Plaintiff suffered mental anguish
- I.E. debt collectors outrageous conduct reflects in mental anguish by person proving with psychologist or doctor on act
- I.E earn of ashes brought home after in funeral home is made of paper ashes not of their loved ones. Funeral home director threw body away intentional infliction of emotional distress would be charged for outrageous act, exceeding all bounds of infancy and suffering mental anguish by what the family member lost.(Family would win)
- I.E. woman after birth is sent home with her baby however the nurse by accident gave her someone else’s baby, the woman was called by the nurse that she had to bring the baby back and that her baby had died from complications. (woman cannot sue for intentional infliction emotional distress but can sue for negligence) e. Defamation: untrue statement that talks about, relates to someone’s honesty, integrity or reputation of an individual.
MUST CONSIST OF ALL ELEMENTS
I. Untrue statement
II. Honesty, integrity or reputation
III. Only directed at one individual
IV. Must be heard by a third party
V. Must consist of a harm against individual(reputation counts)
CELEBRITIES/POLITICIANS MUST HAVE AN ADDED ELEMENT
VI. Malice: someone said something with malice when they know something was false but said it anyways OR didn’t even check the veracity of it (truthfulness) of the statement.
i. Slander: Spoken verbal defamation ii. Liable: written or broadcasted defamation I.E. any verbal spoken defamation against someone that is not broadcasted will be considered slander
I.E. Professor talks poorly about a student on TV student sues for liable defamation NOT slander.
I.E. professor says a student cheated on an exam and the student told a