Intentional Torts

1
Intentional Torts

• Anglo-American Law 2003

2
What is a Tort?

• Some invasion of another persons legitimate
  interests
• Health/Bodily Integrity
• Right to use and enjoy their property
• Right to privacy
• Right to reputation
• Court cases have recognized these areas of
  interest

3
Terminology

• Person who commits a tort called a Tortfeasor
• If sued, Tortfeasor becomes a defendant (D).
• Injured party/victim called Plaintiff (P)
• The lawsuit is called a Complaint. It must
  contain proper allegations.
• The D files an Answer or Reply
• 2 possibilities
• Ps allegations are false
• Even if Ps allegations are true, no liability

4
Elements of a Lawsuit

• Burden of pleading. Plaintiff must allege all
  facts necessary
• Jurisdiction is this the right court?
• Defendants am I suing the right person?
• Statement of facts must allege all elements
  necessary for the tort.
• Nature of wrongful acts. Specific factual
  allegations
• Standard that the defendants violated
• Damages
• Legal theories

5
Intentional/Negligent Torts

• Intentional require some form of intent.
• Different for the different kinds of intentional
  torts.
• General rule is that you must intend to commit an
  action that will have some physical or mental
  effect on another person.
• Dont need to intend to cause the particular
  harm.

6
The Four Traditional Categories of Intentional
Torts

• Assault Intentionally causing an immediate
  apprehension of harmful or offensive contact with
  another.
• Battery Intentional infliction of harmful or
  offensive bodily contact with another.
• False Imprisonment Intentionally subjecting
  someone to confinement without legal authority.
• Intentional Infliction of Emotional Distress The
  intentional or reckless infliction, by extreme or
  outrageous conduct, of severe mental or emotional
  distress.