Mastering the Bar Exam: Torts (Episode 4) Intentional Torts

In this episode, we'll shift our focus to intentional torts—an intriguing area that examines the consequences of deliberate Imagine a situation where someone intentionally punches another person, causing physical harm. Intentional torts come into play when a person's deliberate actions lead to harm or injury to another individual.

One of the most well-known intentional tort cases is "Battery." In this case, a defendant had intentionally touched the plaintiff in an offensive and harmful manner, without their consent. The court had to determine if the defendant's actions constituted a battery.

Let's engage in another interactive exercise to reinforce your understanding. Consider a scenario where a person spreads false and damaging rumors about a coworker, causing harm to their reputation. Identify the intentional tort involved and discuss its elements.

Here is the Model Answer:

The intentional tort involved in this scenario is "Defamation." Defamation occurs when a false statement is communicated to a third party, damaging a person's reputation. The elements of defamation typically include a false statement, publication to a third party, harm to the reputation, and negligence or fault on the part of the speaker.

Intentional torts highlight the significance of accountability for deliberate harmful actions, even if they don't involve physical violence.

Consider a scenario where a person intentionally interferes with a business contract between two parties, causing financial harm. The concept of intentional interference with contractual relations applies when a person intentionally disrupts contractual relationships for their own gain.

"Trespass to Land" is another intentional tort that exemplifies the concept. In a notable case, a person entered another's property without permission, leading to a lawsuit over the violation of property rights.

Time for an exercise! Suppose a photographer uses someone's likeness without their consent to advertise a product, leading to financial losses for the individual. Identify the intentional tort involved and discuss its elements.

Here is the Model Answer:

The intentional tort involved in this scenario is "Right of Publicity." Right of publicity tort occurs when a person's name, image, or likeness is used for commercial purposes without their consent, causing financial harm. The elements generally include the unauthorized use, a commercial purpose, harm suffered, and lack of consent.

As we explore intentional torts, you'll gain insights into the various ways intentional actions can lead to legal consequences.

Imagine a situation where a person intentionally locks someone in a room against their will. The concept of false imprisonment comes into play when a person intentionally restricts another person's freedom of movement without lawful justification.

The case of "False Imprisonment" involving a store's security personnel detaining a shopper on suspicion of theft without proper evidence highlights the legal considerations surrounding this intentional tort.

For your final exercise, consider a scenario where someone intentionally invades another person's privacy by secretly recording their private conversations. Identify the intentional tort involved and discuss its elements.

Here is the Model Answer:

The intentional tort involved in this scenario is "Invasion of Privacy." Invasion of privacy occurs when a person intrudes upon another person's private affairs, violating their reasonable expectation of privacy. The elements typically encompass the intrusion, the private nature of the information, a reasonable expectation of privacy, and harm suffered.