ACCT350 Lecture Notes - Lecture 7: Scienter, False Imprisonment
26 Feb 2017
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Document Summary
The law provides remedies to persons and businesses that are injured by the tortious actions of others. The one injured can bring a civil lawsuit: intentional torts. Assault: the threat of immediate harm or offensive contact or any action that arouses reasonable apprehension of imminent harm. Battery: unauthorized and harmful or offensive physical contact with another person that causes injury. Transferred intent doctrine: when someone acts intentionally to hurt someone but hurts someone else. The law transfers the act from one person to the actual victim. False imprisonment: the intentional confinement or restraint of another person without authority. A threat of future harm or moral pressure is not considered false imprisonment. Misappropriation of the right to publicity: an attempt by another person to take a living persons name or identity for commercial purposes. The plaintiff can a) recover the unauthorized profits, b) obtain an injunction preventing further unauthorized use of his or her name or identity.
