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Intentional Torts

Intentional torts are committed with a desire to interfere with another's interest. An act is intentional if the actor either desires to bring about the harm caused or understands that the harm is a substantially certain result of the action. 

This means that liability for intentional torts does not require hostility and malice toward the injured party. Since the actor’s conduct is in most cases culpable, the law allows for greatest damages. Not only may the plaintiff recover ordinary damages to compensate for the injury but punitive damages as well.

The law recognizes dozens of intentional torts. Several of the most common torts are discussed below.

Assault is the threat and the causing of reasonable apprehension that one person will strike another. The threat can be used to show intent, but there must be some act short of actually striking the other person.3 Mere words are not enough • although words may make otherwise inoffensive movements appear to be hostile. The general test is whether a reasonable person in like circumstances would normally feel apprehensive.4 To arouse apprehension 9 a display of force must be directed specifically towards the plaintiff. Furthermore > the victim must be aware of the threatening conduct and must actually feel threatened.

Battery involves a harmful or offensive unpermitted contact with another person. People may be held liable for battery i{ they intend to bring about such a contact, or if such a contact directly or indirectly results from their actions.

Assault and battery are often lumped together in a single phrase, but they are legally distinct torts. Battery does not necessarily involve assault. Likewise,assault can take place without battery. But they generally go hand in hand. After all, assault depends on the apprehension of battery.

False imprisonment consists of the intentional detention of a person without his consent. It is not limited to the concept of an unlawful arrest without a warrant. This tort protects a person from loss of liberty and freedom of movement. The essence of this tort is the unlawful detention, but this does not mean that the plaintiff must be locked by physical force. It may be accomplished by threats of force that resuit in the plaintiff’s detention against his will.

Defamation is the false communications made with the intention of harming an inividual,s or corporate’s reputation.6 There are two forms of defamation: slander and libel. Historically, libel is written, and slander, oral. However * modern forms of com-muncation have blurred this distinction. The defamation laws are intended to protect the right to a reputation unsullied by the publication of false claims or statements. Publication is defined as the written or oral communication of defamatory material to at least one person other than the person defamed.

The tort of intentional infliction of emotional distress recognizes the right to be free from serious, intentional and unprivileged invasions of mental and emotional tranquillity.7 It covers acts causing severe emotional distress of any kind, including fright,grief, shame, humiliation, embarrassment and anger. The key is that the emotional distress is so substantial or persistent that no reasonable person in a civilized society should be expected to endure it.

Under common law, there was no tort of invasion of privacy. Recently, however, courts have begun to recognize that unwarranted invasions of privacy are actionable.8 Liability has been found for intrusion, the public disclosure of private matters, false light and appropriation. Intrusion occurs when a person’s privacy is physically invaded, and the invasion must be of the type that is offensive to a reasonable person. Public disclosure of private matters arises when information, private in character, is exposed to the public gaze. False light in the public’s eyes arises when one publishes false material designed to make a person look bad. Appropriation occurs when a person’s name, picture or other likeness is used for commercial advantage without the person’s consent.

Answer the following questions:
1. What is an intentional tort?
2. Define assault and battery. How? are they different from each other?
3. What constitutes a false imprisonment?
4. What is defamation?
5. What is “publication” in defamation?
6. List the two forms of defamation and distinguish them.
7. What is the tort of intentional infliction of emotional distress?
8. Does the invasion of privacy constitute a tort?
9. Use examples to illustrate four different torts in invasion of privacy.
10. What is the purpose of defamation law?

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