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Intentional Torts

Part 1

QuestionAnswer
Intentional Torts -Deliberate wrongs done to others to cause harm -Sport related intentional torts can occur on or off the playing field -The act is the proximate cause of an injury. -Intent to injure -Must be an injury
Examples of Intentional Torts Assault, battery, defamation, invasion of privacy, breach of fiduciary duty, tortious interference with contract.
Criminal Assault & Battery Crime
Civil Assault & Battery Intentional Tort
Assault (civil) The intentional creation of a reasonable apprehension of an imminent and offensive contact without the persons consent.
3 Elements of Civil Assault 1.) Defendant intended to cause harm 2.) Plaintiff felt reasonable apprehension of immediate harm 3.) Lack of consent by plaintiff
Defense for Civil Assault Failure to prove any of the 3 elements. (must prove all 3)
Battery (civil) The intentional, unpermitted, unprivileged, and offensive touching of the person of one individual by another.
3 Elements of Civil Battery 1.) The defendant intended to touch the plaintiff 2.) Actual touching occurred 3.) Lack of consent by plaintiff
Defense for Civil Battery Failure to prove any of the 3 elements. (must prove all 3)
Privilege Allows a person to act in ways normally considered assault and battery. Examples: self-defense, defense of a 3rd party.
Self-Defense -Did the person who was attacked retreat from the situation when there was opportunity? -Was there immediate or imminent danger? -Was the force used proportional to harm threatened?
Third Party Assaults Standard of care - Foreseeable.
Created by: kil4261