This week, we’ll be examining how our legal system protects persons who are injured by the purposeful act of another. These types of injuries are called intentional torts. The legal claims of assault, battery, false imprisonment, invasion of privacy and defamation are examples of intentional torts.
For this discussion, choose one of the scenarios listed below and determine the intentional tort that you think applies. Make sure to explain your answer, including the elements of the claim, why you think those elements are or are not present, and what other information you would need to make this determination.
· A group of people protesting a company’s employment practices in the lobby of a building is surrounded by private security guards hired by the company.
· A teenager sends a joking message to his best friend telling him that there is a bomb in his basement.
· You accidently leave your personal journal at the local coffee shop. Another customer finds it and shares your innermost secrets on his blog, but never identifies you as being the writer of the journal.
· At a family reunion at your parents’ home, you see Dave, a second cousin, place a very expensive bottle of wine in a duffle bag and quickly walk out of the backdoor. You quickly go to your father and tell him that Dave stole wine from the family wine cellar and your father calls the police. In reality, your mother told Dave to pick any bottle of wine as a belated birthday present.
Full Answer Section
Additional information needed:
Were the protesters free to leave the lobby of the building?
Did the protesters know that they were not free to leave?
Did the security guards use reasonable force to detain the protesters?
Scenario 2
Intentional tort: Intentional infliction of emotional distress
Elements of the claim:
The defendant must have engaged in extreme and outrageous conduct.
The defendant must have intended to cause the plaintiff severe emotional distress.
The defendant's conduct must have actually caused the plaintiff severe emotional distress.
Analysis:
It is possible that the teenager who sent the joking message to his best friend has committed intentional infliction of emotional distress. If the teenager knew that his friend was afraid of bombs and that the message would cause him severe emotional distress, then he may be liable. However, more information is needed to make a definitive determination. For example, it is possible that the teenager was not serious about the message and that he did not intend to cause his friend emotional distress.
Additional information needed:
Did the teenager know that his friend was afraid of bombs?
Did the teenager intend to cause his friend emotional distress?
Did the message actually cause the friend severe emotional distress?
Scenario 3
Intentional tort: Invasion of privacy
Elements of the claim:
The defendant must have intentionally intruded upon the plaintiff's seclusion or private affairs.
The plaintiff must have had a reasonable expectation of privacy in the matter that was intruded upon.
The defendant's intrusion must have been highly offensive to a reasonable person.
Analysis:
It is possible that the customer who found your personal journal and shared your innermost secrets on his blog has committed invasion of privacy. You had a reasonable expectation of privacy in your journal, and the customer's conduct was highly offensive to a reasonable person. However, more information is needed to make a definitive determination. For example, it is possible that the customer did not know that the journal belonged to you and that he did not intend to invade your privacy.
Additional information needed:
Did the customer know that the journal belonged to you?
Did the customer intend to invade your privacy?
Scenario 4
Intentional tort: None
Analysis:
In this scenario, there is no intentional tort because Dave did not commit any wrongful act. He was simply following your mother's instructions.