Intentional Torts vs Property
What are the most common intentional torts against property?
Trespass, conversion, nuisance, and disparagement.
What is conversion?
Conversion is interfering with a person's right to personal property.
What is a Tort
A tort is a private wrong committed by one person against another
How does the law protect individuals from public lies that harm them financially?
Through disparagement claims, which address false statements about property or products that cause financial loss.
Bob owns a property in New Jersey. He is currently on vacation, and his home camera saw Jim in his backyard trying to find the oil source there. Bob reports this and tells the police. What intentional tort is this?
Trespass
you enter someone's property without permission, what intentional tort did you commit?
Trespass to land
anything that interferes with the enjoyment of property. Loud music at night, foul odors, or fumes coming from a nearby house are….?
Nuisance
What is a person who commits a tort called?
Tortfeasor
What is a private wrong?
A private wrong is a tort that interferes with someone's rights and causes personal harm, leading to a lawsuit to seek compensation.
When Jake had been away on a business trip, his brother Jacob had taken Jake's mail from his mailbox. Jake had caught him by a local civilian telling him he had seen Jacob do this. Jake soon reported him to the police. What intentional tort is this?
Invasion of Privacy
In what situations can someone's personal property be interfered with unlawfully?
When someone takes, uses, or refuses to return personal property, it can be considered conversion, violating the owner's rights.
People have a right to move around freely. If somebody interferes with this right, then that person has committed…….?
False imprisonment
What are the three elements of any tort?
1) the possession of certain rights by an innocent party.
2) A violation of those rights by another person.
3) A resulting injury that somehow hurts the person whose rights were violated.
How might noise or smell from a neighbor be addressed legally?
These could be considered nuisances, with private nuisances affecting one household and public nuisances affecting multiple.
Dan works at Walmart. He is a very hard-working man, who has worked there for over 5 years. Sam (the new employee) becomes jealous of how hardworking Dan is. He decides to spread a rumor saying that he is stealing items from the store as well as stealing money. This however is false. The rumor however gets to the manager and decides to fire him. This damaged Dan’s reputation and has a high chances of not finding a job.
Defamation
What types of property is involved with Trespass?
It can involve land, things built on the land, things attached to the land permanently, or property, such as minerals and oils.
What is it if you are intentionally causing another person to feel harmed or offended
Assault
What is the purpose of Tort Law?
The purpose of tort law is to compensate the victim for injuries caused by another person
What responsibilities do people in professions with access to confidential records have?
They must protect individuals' privacy by keeping records secure and sharing information only for necessary professional purposes.
Kevin borrows Anna's laptop to work on a project, but after finishing, he refuses to return it despite Anna repeatedly asking for it back. What intentional tort is this?
Conversion
How does nuisance differ from trespass?
Nuisances interfere with the enjoyment of property, such as loud noises or foul odors/fumes. While trespass involves physically interfering with someone's real property by entering or using without permission.
What is battery?
Battery involves the unlawful, unwanted touching of another person. A battery is committed even if the physical contact is not harmful.
Remedies in tort law consists of what?
the court making the other person to pay a fair amount of money-called damages-to the injured party.
What is the difference between punishment in criminal cases versus compensation in civil cases?
Criminal cases punish offenders to protect society, while civil cases aim to compensate victims for their injuries or losses.
A local car dealership spreads false rumors that a competitor's cars are unreliable and frequently break down, causing the competitor to lose customers. What intentional tort is this?
Disparagement