The learning objectives for this chapter include: Define tort and explain types of wrongfulness; understand concept of damages; understand elements of intentional torts that interfere with personal or property rights, including assault, defamation, invasion of privacy, nuisance, and trespass. | Crimes & Torts Crimes Intentional Torts Negligence & Strict Liability Intellectual Property & Unfair Competition 2 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Intentional Torts P A E T R H C 6 “The good have no need of an advocate.” Phocion Learning Objectives Definition of Tort Interference with Personal Rights Interference with Property Rights 6 - Tort: civil wrong that is not breach of contract Four types of wrongfulness are involved: Intent Recklessness Negligence Strict liability Standard of proof: preponderance of the evidence Definition of a Tort 6 - Example: Mathias v. Accor Economy Lodging Facts & Procedural History: Plaintiffs bitten by bedbugs during hotel stay Plaintiffs alleged defendant knowingly disregarded evidence of bedbug infestation Evidence: defendant knew of, ignored problem Jury awarded plaintiffs compensatory and punitive damages Issue: Did defendant’s conduct rise to the level of willful misconduct? | Crimes & Torts Crimes Intentional Torts Negligence & Strict Liability Intellectual Property & Unfair Competition 2 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved. Intentional Torts P A E T R H C 6 “The good have no need of an advocate.” Phocion Learning Objectives Definition of Tort Interference with Personal Rights Interference with Property Rights 6 - Tort: civil wrong that is not breach of contract Four types of wrongfulness are involved: Intent Recklessness Negligence Strict liability Standard of proof: preponderance of the evidence Definition of a Tort 6 - Example: Mathias v. Accor Economy Lodging Facts & Procedural History: Plaintiffs bitten by bedbugs during hotel stay Plaintiffs alleged defendant knowingly disregarded evidence of bedbug infestation Evidence: defendant knew of, ignored problem Jury awarded plaintiffs compensatory and punitive damages Issue: Did defendant’s conduct rise to the level of willful misconduct? Law Applied to Facts: Defendant’s behavior was outrageous but the compensable harm done was slight and difficult to quantify (primarily emotional) Award of punitive damages in this case serves purpose of limiting defendant’s ability to profit from its fraud by escaping detection and (private) prosecution Holding: District court’s judgment in favor of plaintiffs affirmed Battery Intentional and harmful or offensive touching of another without the person’s consent Assault Intentional attempt or threat to cause harmful or offensive contact with another person Attempt must cause reasonable apprehension of imminent battery in other person’s mind Interference with Personal Rights 6 - Example of battery: Wishnatsky v. Huey case in which the appellate court declared that Wishnatsky was unreasonably sensitive since the “touching” was momentary and did not produce physical injury. Intentional Infliction of Emotional Distress A recovery for emotional distress even if no other tort is proven .
