MGMT 254 Notes.  Purdue University MGMT 254

MGMT 254 Notes
9/11/19 – Chapter 9: Torts (LAST CHAPTER ON EXAM 1)
I. What is a Tort?
a. Essentially a “civil wrong”.
b. An act or omission may be a tort and a crime and be a breach of contract.

i. Crime = government
ii. Tort = injured or wronged party
b. Burden of proof?
i. Crime = beyond a reasonable doubt
ii. Tort = be a preponderance of the evidence
c. Penalties?
i. Crime = Stripping of liberties, prison, etc.
ii. Tort =
III. What are the intentional torts?
a. Assault – Intentional act by the defendant, which threatens another person, with a
well-founded fear of imminent harm, and under circumstances where the
defendant has the present ability to inflict the threatened harm.
i. May also constitute the crime of intimidation, defined in Indiana as
communicating a threat to another person with the intent to place that
person in fear for…
b. Battery – An intentional wrongful touching of a person without that person’s
consent.
i. Plaintiff must prove injury to recover damages
ii. Battery is also a crime, defined in Indiana as knowingly or intentionally
touching another person in a rude, insolent, or angry manner without that
person’s consent.
c. False Imprisonment – The intentional detention of a person without that person’s
consent.
i. Shopkeepers have a limited privilege to detain suspected shoplifters
briefly upon reasonable suspicion.
ii. May also constitute the crime of confinement or kidnapping. In Indiana
confining a person without that person’s consent confinement, while
removing a person from one place to another by force or threat of force is
kidnapping.
d. Intentional Infliction of Emotional Distress – Outrageous conduct by the
defendant which results in emotional distress or anguish to another person.
e. Invasion of Privacy – In criminal law, invasion of privacy is a violation of a
Court’s protective order.
i. 3 subsets of this tort:
1. Intrusion into someone’s private affairs.