Torts

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WHAT IS A TORT?

  • A “tort” is some kind of wrongful act that causes harm to someone else. This definition covers a wide range of actions, and the legal field of torts is split up into many different subcategories. One of the ways torts are split up is by the mental state of the person that does the wrongdoing. When the person that acts wrongly actually intends to perform the action, it becomes what is known as an “intentional tort”.
  • The easiest example of an intentional tort is a punch to the face. In that case, the actor intended to make a fist and slam it into his victims face, and the actor also intended to harm his victim. However, the person who performs an intentional tort need not intend the harm. For example, if you surprise someone with an unstable heart condition, and the fright causes that person to have a heart attack, you commit an intentional tort, even if you did not intend to scare that person into a heart attack.

EXAMPLES OF TYPICAL INTENTIONAL TORTS:

  • Battery

: This is the legal term for hitting someone, which comes from the verb “to batter.”

This covers a surprising range of activities, including sending projectiles into someone else’s body, as in firing a gun.

  • Assault

: An assaultis an attempted battery, or threatening injury when no battery takes place.

  • False Imprisonment

: The technical definition of false imprisonment is “confinement without legal authority”.

Generally, no one is allowed to restrict another person’s movement against her will.

There are two major exceptions to this.

Police generally have authority to detain people they reasonably suspect of crimes.

The other exception is called the “shopkeeper’s privilege,” which allows shopkeepers to keep people they suspect of shoplifting for a reasonable amount of time.

  • Intentional Infliction of Emotional Distress

: This is a particularly difficult tort to prove in court.

In order to prove a claim of intentional infliction of emotional distress, a plaintiff has to prove that someone else engaged in extreme or outrageous conduct, with the intent of frightening someone else, and caused severe emotional distress or bodily harm.

  • Fraud

: This is the legal term for lying to someone.

In order to succeed in a suit for fraud, plaintiffs generally have to prove that the speaker knew that he was saying something false, that the other person would believe him, that the other person would rely on that information, and that the other person would be harmed by relying on this information.

  • Defamation

: Defamation is when someone says something false about someone else, and that lie causes harm.

It includes both written (traditionally, libel) and spoken (traditionally, slander) words.

  • Invasion of Privacy

: The exact nature of invasion of privacy varies by state, but there are generally f our types of invasions of privacy.

Invasion of solitude, in which someone interferes with someone else’s right to be left alone; Public disclosure of private facts; False light, in which someone publishes not true, but not defamatory facts about someone else; and appropriation, which is the unauthorized use of someone else’s likeness for profit.

  • Trespass

: Trespass comes in two forms: trespass to land, and trespass to chattel, or personal property.

In either case, trespass means using the property without permission of the owner.

  • Conversion

: Conversion is when someone takes someone else’s property and “converts” it to their own.

In the criminal world, this is known as stealing.

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