Business Law and the Business Law and the Regulation of BusinessRegulation of Business

Chapter 7: Intentional TortsChapter 7: Intentional Torts

ByByRichard A. MannRichard A. Mann

&&Barry S. RobertsBarry S. Roberts

Topics Covered in this ChapterTopics Covered in this Chapter

A.A. Harm to the PersonHarm to the PersonB.B. Harm to Right of DignityHarm to Right of DignityC.C. Harm to Property Harm to Property D.D. Harm to Economic InterestsHarm to Economic Interests

Harm to the Person Harm to the Person BatteryBattery – – intentional infliction of harmful or intentional infliction of harmful or

offensive bodily contact.offensive bodily contact. AssaultAssault – – intentional infliction of intentional infliction of

apprehension of immediate bodily harm or apprehension of immediate bodily harm or offensive contact.offensive contact.

FalseFalse ImprisonmentImprisonment – – intentional confining intentional confining of a person against her will.of a person against her will.

Infliction of Emotional DistressInfliction of Emotional Distress – – extreme extreme and outrageous conduct intentionally or and outrageous conduct intentionally or recklessly causing severe emotional distress.recklessly causing severe emotional distress.

IntentIntent

Does defendant desire to cause consequences?

Does defendant believe consequences are substantially certain to result?

No Intent

Intent

Yes

Yes

No

No

Harm to the Right of Dignity Harm to the Right of Dignity

Defamation Defamation – – false communication false communication that injures a person's reputation.that injures a person's reputation.

Libel Libel – – written or electronically written or electronically transmitted defamation.transmitted defamation.

Slander Slander – – spoken defamation.spoken defamation. Defenses Defenses – – truth, absolute privilege, truth, absolute privilege,

conditional privilege, and constitutional conditional privilege, and constitutional privilege are defenses to a defamation privilege are defenses to a defamation action.action.

Invasion of PrivacyInvasion of Privacy

Appropriation Appropriation – – unauthorized use of a unauthorized use of a person's identity.person's identity.

Intrusion Intrusion – – unreasonable and offensive unreasonable and offensive interference with the seclusion of another.interference with the seclusion of another.

Public Disclosure of Private Facts Public Disclosure of Private Facts – – offensive publicity of private information.offensive publicity of private information.

False Light False Light – – offensive and false publicity offensive and false publicity about another.about another.

Harm to Property Harm to Property Real Property Real Property – – land & anything attached land & anything attached

to it.to it. Trespass Trespass – – wrongfully entering land of wrongfully entering land of

another.another. Nuisance Nuisance – – a nontrespassory interference a nontrespassory interference

with another's use and enjoyment of land.with another's use and enjoyment of land. PersonalPersonal Property Property ––property other than property other than

land.land. Trespass Trespass – – an intentional taking or use of an intentional taking or use of

another's personal property.another's personal property. Conversion Conversion – – intentional exercise of control intentional exercise of control

over another's personal property.over another's personal property.

Harm to Economic Interests Harm to Economic Interests InterferenceInterference withwith ContractualContractual Relations Relations – –

intentionally causing one of the parties intentionally causing one of the parties to a contract not to perform.to a contract not to perform.

Disparagement Disparagement – – publication of false publication of false statements about another's property or statements about another's property or products.products.

FraudulentFraudulent Misrepresentation Misrepresentation – – a false a false statement, with knowledge of its falsity, statement, with knowledge of its falsity, intended to induce another to act.intended to induce another to act.

Intentional TortsIntentional TortsInterest Protected TortPerson

Freedom from contract BatteryFreedom from apprehension AssaultFreedom of movement False imprisonmentFreedom from distress Infliction of emotional distress

DignityReputation DefamationPrivacy

Freedom from wrongful legalactions

Misuse of legal procedure

PropertyReal Trespass

NuisancePersonal Trespass

ConversionEconomicContracts Interference with contractual rightsGoodwill DisparagementFreedom from deception Fraudulent misrepresentation

Interest Protected TortPerson

Freedom from contract BatteryFreedom from apprehension AssaultFreedom of movement False imprisonmentFreedom from distress Infliction of emotional distress

DignityReputation DefamationPrivacy

Misuse of legal procedure

PropertyReal

NuisancePersonal

ConversionEconomic

Contracts Interference with contractual rightsGoodwill DisparagementFreedom from deception Fraudulent misrepresentation

Freedom from wrongful legal actions

AppropriationIntrusionPublic disclosure of private factsFalse lightFalse lightPublic disclosure of private factsIntrusionAppropriation

Trespass

Trespass

Defenses to Intentional Torts Defenses to Intentional Torts Consent Consent – – a person may not recover for a person may not recover for

injury to which he willingly and injury to which he willingly and knowingly consents.knowingly consents.

Self-Defense Self-Defense – – a person may take a person may take appropriate action to prevent harm to appropriate action to prevent harm to himself where time does not allow resort himself where time does not allow resort to the law.to the law.