Welcome to Assignment 9
This assignment covers intentional torts — civil wrongs where the defendant deliberately performed the act that caused harm. Unlike negligence (where harm is accidental), intentional torts require intent: the person meant to do the act, even if they did not intend every consequence. You will learn torts against persons (battery, assault, defamation, privacy), torts against property (trespass, conversion, nuisance), and economic/business torts (fraud, bad faith, interference).
Exam Alert!
Key exam topics: the difference between assault vs. battery, slander per se categories, the 6 elements of fraud, bad faith in insurance, conversion vs. trespass to chattels, and malicious prosecution vs. abuse of process.
What You Will Learn
1. Physical torts against persons: battery, assault, false imprisonment, emotional distress
2. Defamation: slander vs. libel, per se categories, defenses, and public figure rules
3. The six types of invasion of privacy and seven defenses
4. Intentional torts against property: trespass, conversion, nuisance
5. The six elements of fraud and insurer bad faith
6. Business interference torts, unfair competition, and misuse of legal process
Assignment Parts
Torts Against Persons
Battery, assault, false imprisonment, emotional distress, defamation (slander & libel), invasion of privacy, and their defenses.
Torts Against Property
Trespass to real and personal property, conversion, private vs. public nuisance, nuisance per se, and defenses.
Economic & Business Torts
Fraud (6 elements), bad faith in insurance, interference with business relationships, unfair competition, and misuse of legal process.
Quick Reference Summary
Battery vs. Assault
Battery = unauthorized touching. Assault = fear of imminent touching. Can have one without the other.
Slander Per Se
4 categories where damages are presumed: crime, loathsome disease, harm to profession, unchastity.
6 Elements of Fraud
False representation + material fact + knowingly + intent to deceive + reliance + detriment.
Bad Faith
Insurer fails to act fairly. Allows compensatory, punitive, and emotional distress damages.
Conversion vs. Trespass
Trespass = interfering with property. Conversion = exercising full dominion/control over it.
Malicious Prosecution
Filing legal proceedings without probable cause, with malice, that end in defendant's favor.