List all of the intentional torts
Intentional
torts are actions taken with the intent to harm another person or another's
property. The law of intentional torts requires that the person causing the
harm either knew or should have known that his or her actions would result in harm.
Some of intentional tort are:
Assault: Acting deliberately or intentionally doing
something wrong causing the reasonable fear of an immediate harmful or
unpleasant contact to others. Assault need not involve actual contact. It only
needs intent and the resulting apprehension.
For example: laughing in front of black people
because of being black is Assault.
Battery: Battery
is unauthorized and harmful or offensive physical contact with another person. Every
person possess their own personal safety and without authorization of them no
one are allow to touch them. When someone makes harm physically to another
person by touching them or using some other means like rock, chair, bullet its
fall under the Battery torts.
For example: while walking in the street,
pulling the girl hair is battery
False imprisonment: This refers to the intentional imprisonment of another
person without any authority and justification without that person’s consent.
(Cheeseman, 2012). The false imprisonment should be complete and a threat of
future harm and moral pressure is not considered as false imprisonment.
Misappropriation of the Right to Publicity: An attempt by another person to appropriate a
living person’s name or identity for commercial purposes. Also known as the tort
of appropriation
For example: if company uses the name or
picture of celebrity in the promotion of their product without authority of
concern celebrity.
Invasion
of the Right to Privacy: A tort that
constitutes the violation of a person’s right to live his or her life without
being subjected to unwanted and undesired publicity.
For example: the newspaper editor write about the life of
hero in their own word without permission of their
Defamation
of Character: False statement(s) made by
one person about another. The plaintiff must prove that: The defendant made an
untrue statement of fact about the plaintiff; and The statement was
intentionally or accidentally published to a third party
For example: Ram said hari is football player but in
actual hari is cricketer.
Intentional
Infliction of Emotional Distress: A tort
that says a person whose extreme and outrageous conduct intentionally or
recklessly causes severe emotional distress to another person is liable for that
emotional distress. This is called intentional infliction of emotional distresses
or tort of outrage.
For example: calling friend every day at midnight that
distract his sleep and as a result he feel unwell other day.
Malicious
Prosecution: This term refers to a
lawsuit in which the original defendant can sue the original plaintiff, and in
the second lawsuit, the defendant becomes the plaintiff and vice-versa.
(Cheeseman, 2012). A successful defendant in a prior lawsuit can sue the
plaintiff if the first lawsuit was frivolous. Certain elements must be proven
to win a lawsuit for malicious prosecution. The courts do not look favorably on
malicious prosecution lawsuits.
Reference
Cheeseman, Henry R.
(2012). Torts and Privacy. In Contemporary Business and Online Commerce
Law. (5th edi.). Upper Saddle River, NJ: Pearson Prentice
Hall.
No comments:
Post a Comment