Chapter 19 Notes

Intentional Torts:

Intentional Torts Chapter 19 Business Law

Intentional Torts:

Intentional Torts Actions taken to deliberately harm another person or their property Two types: Those that cause injury to people Those that cause damage to property Required intent is to do the forbidden act

Types of Damages:

Types of Damages Compensatory damages – Money the court requires the defendant to pay May include lost wages, “pain and suffering”, medical bills Nominal damages – Token amount of money to show the claim was justified Punitive damages – Money awarded to punish for malicious, willful, or outrageous acts Serve as a warning to others Both nominal and punitive can be awarded

Torts That Injure Persons:

Torts That Injure Persons Battery – Harmful or offensive contact Perpetrator is liable for all damages Whatever would offend an average person Assault – Fear immediate harm or offensive contact Can be an intentional threat, show of force, or movement Assault only requires fear Metal suffering, such as fright or embarrassment

Torts That Injure Persons:

Torts That Injure Persons Infliction of Emotional Distress – Using words or actions that are meant to cause anxiety or emotional distress Relatively new – 1940 No physical injury required Must be quite outrageous and extreme distress must be proven by plaintiff Bill collectors, insurance adjusters, and landlords Restaurants, hotels, or transportation companies

Torts That Injure Persons:

Torts That Injure Persons False imprisonment – Right to be free from unreasonable restraint Intentionally and wrongfully confines another person against his or her will Torts Related to Defamation – Acts that harm a person’s reputation Slander – Oral statements that are harmful Libel – Written statements More difficult to prove slander than libel The law also protects opinion

Torts That Harm Property:

Torts That Harm Property Protects in two ways: Against interference with the owner’s exclusive use of the property Against the property being taken or damaged Three kinds of property are protected Real property – Land and the items attached, such as houses, crops, fences) Personal property – Property that can be moved, such as cars, clothing, appliances Intellectual property – The ownership interest created in a persons mind

Real Property:

Real Property Trespass – Occurs when a person enters another's property without permission Can recover even if no damage was done Attractive nuisance – Doctrine that requires landowners to eliminate a dangerous condition on their property Nuisance – Occurs when there is an unreasonable interference with your ability to enjoy your property Injunction – Requires a person to do, or not do, a specific activity

Personal Property:

Personal Property Provides compensation to someone whose personal property is taken, damaged, or interfered with Conversion – Occurs when someone unlawfully exercises control over the person property of another Reasonable force can be used Deadly force cannot be used to protect property Is allowed with self-defense

Intellectual Property:

Intellectual Property Another word for mind Patent – Recognizes your ownership of an invention Copyright – Protects books, movies, computer programs, or songs Anyone who uses these inventions or expression without permissions commits infringement Promotes progress in the arts and sciences

Patents:

Patents Protect useful inventions such as processes, machines, and new products Must be truly new or novel Cannot be an extension of an idea Inventor has a complete monopoly over the product for 20 years Can sue for infringement if another uses idea After 20 years, becomes public domain

Copyrights:

Copyrights Protects any written expression that is written down, recorded on tape, stored on computer disk, painted, etc. © Automatically have legal right Life of the holder plus 70 years Registering does not require a lawyer Do not require novelty

Copyrights:

Copyrights Derivative works – Gives the owner exclusive right to copy There are two exceptions: First sale – When the copyright owner sells a copy of the work, the lawful owner may resell that particular copy Fair use – Allows limited legal reproduction of copyrighted works for certain noncommercial purposes News reporting, criticism, scholarship, or research

Defenses to Intentional Torts:

Defenses to Intentional Torts Consent is the most common defense Can be written , spoken, assumed Privilege is another defense Justifies conduct – legal authority Best known privilege is self-defense Deadly force would be considered excessive Defense of property Cannot use deadly force