In this method, the discharge of tort happens by the judgement given by the court. These torts include (among others): 1. 1.1.1.1. Most of the time, businesses are defendant; determine if they are liable. It is a private wrong against a man for which the aggrieved party can recover damages, i.e. The individual who commits the tortious act (the act leading to the tort liability claim) is called the tortfeasor, and is the defendant in this type of civil lawsuit. This defense might be successful if the defendant is also able to show that the unintended use was not foreseeable. Tort claims can be complicated and are dependent on state laws. Civil Tort Law is a very broad area of the law that covers wrongdoing by one individual against another. Animal attacks (dog bite claims) can also be strict liability. land and things permanently attached to the land (ex. Although there are also cases that where there is no direct injury is being caused by physical touch but the force used is through indirect way i.e. Though it is rare, in some cases, plaintiffs might be awarded punitive damages. A tort is a civil wrong, other than a breach of contract, that causes harm or loss. Tort of Battery | Trespass to person. Did By using his position and by threat, take the consent of the injured person and release himself from the liability, that release is not a valid release. Acts of trespass to the person are generally crimes as well as torts. The following outline is provided as an overview of and introduction to tort law: . 3. The victim does not need to prove that the manufacturer was negligent or that they intentionally made a defective product. Property Law, Products A tort is different than the criminal wrongs as the criminal wrong is punishable by the state. 08.12.2014. In order to claim damages, there must be a breach in the duty of the defendant towards the plaintiff, which results in an injury. About Us. In 2005 Krista earned her J.D. A tort is a civil wrong committed by a person against another. There are two types of trespass: trespass to land and trespass to chattels. d. torts against persons, property, and economic interests. Cloudflare Ray ID: 604dbfd83d49e102 The victim of a crime may be an individual but the act is a violation of a public law. You may need to download version 2.0 now from the Chrome Web Store. At the heart of the tort is the notion that the institution of proceedings for an improper purpose is a “perversion of the machinery of justice”: Mohamed Amin v Jogendra Bannerjee [1947] AC 322. Law, About Particularly in the United States, "collateral tort" is used to refer to torts in labour law such as intentional infliction of emotional distress ("outrage"); or wrongful dismissal; these evolving causes of action are debated and overlap with contract law or other legal areas to some degree. Intentional torts may be committed against property. Wrongdoing includes things that cause physical or economic injury, pain and suffering, violate privacy, property, or constitutional rights, or damage a reputation. Intentional torts are a category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff’s injuries. In foreign torts, whenever there is an unlawful act committed against a person or against his movable property, such tort is known as personal torts. This video will … Crimes Against the Person The term “crimes against the person” refers to a broad array of criminal offenses which usually involve bodily harm, the threat of bodily harm, or other actions committed against the will of an individual. Torts include negligence cases and personal injury. Typically, a party seeking redress through tort law will ask for damages in the form of monetary compensation. If a person is a police inspector, commits an act of tort against another person. The person or entity that commits the wrong can be held liable for the loss or damage they cause. What is an example of Tort in a sentence? Correct! Unlike tort of reality, in cases of personal torts, the person who suffers a loss has the right to file the suit against the tortfeasor and such person’s suit is not rejected by the Courts. The term ‘tort’ means wrongdoing by one person causing injury to another, thereby the injured institutes or files for a remedy in a civil court. Remedies issued in a tort case will depend on the type and seriousness of the harm to the victim. Acts of trespass to the person are generally crimes as well as torts. 16.1 A tort is a legal wrong which one person or entity (the tortfeasor) commits against another person or entity and for which the usual remedy is an award of damages. Torts are what happens when one person (or organization) injures another. Some examples include using explosives or transporting toxic chemicals. The threat of immediate harm or offensive contact; OR 1.1.1.2. 1.1.1.2.1.1. Show more. Some of the common remedies awarded in a civil tort case include compensatory damages. from the Temple University Beasley School of Law, where she was a member of the Environmental Law & Technology Journal. The defenses available depend on the type of tort the defendant has been accused of committing. Intentional Torts Against Persons Intentional tort against a person is a category of tort that requires intent on the part of the defendant to harm the person of the plaintiff. • Did You Know? Those involving bodily harm (or the threat thereof) include assault, battery, and domestic violence. Intentional torts to the person include assault, battery, false imprisonment, defamation, libel, and intentional infliction of emotional distress. In other words, a wrong has been committed and the remedy is money damages to the person wronged. Wrong! This channel is created with an aim to share the legal and technical knowledge with the students and legal fraternity. Trespass. This includes things like one's home, landscaping, and fencing. Legal injuries are not limited to physical injuries. These torts are actionable without proof of damage (or actionable per se), they can be used to protect civil rights, and also will protect a person’s dignity, even if no physical injury has occurred (for example the taking of finger prints). real property. 1.1. Tort law decides whether a person should be held legally responsible for injury against another, and what type of compensation the injured party is entitled to. Civil Tort Law: Definition, Case, Violation, ... Civil assault or civil battery, depending on the facts of the case, Intentional infliction of emotional distress, Trespass to land (real property) or trespass to chattels (personal property), Negligent infliction of emotional distress. A crime is an act against society. Torts are a pretty broad category, and many types of cases, from physical injury to invasion of privacy, are included under the term. Defenses to unintentional torts or negligence claims include contributory negligence, comparative fault, and assumption of risk. Punitive damages are intended to punish the defendant for their harmful actions or gross negligence. A tort liability may occur as a result of intentional acts, a negligent act, a failure to act when the individual had a duty to act, or a violation of statutes or laws. Firstly, Tort is an infringement of a private or civil right and therefore it is considered to be wrong against a person to whom the damage has been caused. In … It is lawful for any person to use a reasonable degree of force for the protection of himself or any other person against any unlawful use of force. Here are some of the more common ones. How Tort can take place? The “law protects a person from unauthorized touching, restraint, or other contact. LegalMatch, Market INTENTIONAL TORTS AGAINST THE PERSON This chapter is concerned with four “intentional” torts that are committed against “the person” (as opposed to being committed against property): (1) battery; (2) assault; (3) false imprisonment; and (4) infliction of emtional distress. and 2) Influence. The person or entity that commits the wrong can be held liable for the loss or damage they cause. … Login. a. battery b. assault c. contributory negligence d. comparative negligence e. strict liability. Explain. Crimes as wrongs against all of society; Levels of Liability in Tort Law. Lecture One- 03 - nuisance, torts against the person, trespass & Rylands. You are told at the beginning of the meeting that relations between your firm and a client have broken down. intentional torts against property include: trespass to land, trespass to personal property, conversion, disparagement of property; they're wrongful actions that interfere with indvds' legally recognized rights with regard to their land or personal property. Estate That fear is something we expect to never have to feel, and that fear creates the basis for the tort of assault.An assault is an intentional, unexcused act that creates in another person a reasonable apprehension or fear of immediate harmful or offensive contact. Law Practice, Attorney In a nutshell, the law can hold someone liable for injuries whether the person responsible intended to cause harm or not. Before we dive into the cases, we should explain what a tort is. A tort is an act or omission, other than a breach of contract, which gives rise to injury or harm to another, and amounts to a civil wrong for which courts impose liability. Tort law provides a way for injured parties to recover monetary damages for foreseeable harm that was caused by, or was the direct result of, the other party’s breach of their duty of care. The tort of conversion is similar to the tort of trespass to chattels in that they both involve intentional torts against personal property. You can learn more about Krista by visiting her Linkedin page. Intentional: Defendant deliberately seeks to harm somebody (Def. Intentional torts require an intended act by a wrongdoer against another. Services Law, Real Civil Tort Law is a very broad area of the law that covers wrongdoing by one individual against another. So, an assault involves the threat of harmful contact, while a battery involves the actual harmful or offensive touching itself. It may lead to a civil suit. What is a tort? Copyright 1999-2020 LegalMatch. Such a defendant is generally held liable for damages or harm suffered by the p… Intentional Torts against the Person Week 2 Intent - An intentional tort occurs when someone intends an action After the young man was caught stealing expensive electronics from Ms. Davis’s house, the homeowner sued the young man for tort to redeem the cost of the stolen items. The legal term tort refers to an action in which one person or entity causes injury, harm, or damage to another person or entity. money or monetary compensation. Torts are typically classified as either intentional, unintentional, or strict liability torts. This is Dr. Waseem I. Khan, welcome all to our YouTube Channel. Tort law is very broad and covers many possible harms. There are monetary damages awarded to a plaintiff for economic harm such as lost wages, medical expenses, or costs related to repairing or replacing property. It discusses the elements of the torts of battery, assault, and false imprisonment. The primary aims of tort law are to provide relief to injured parties for harms caused by others, to impose liability on parties responsible for the harm, and to deter others from committing harmful acts. An unintentional tort is essentially an accident that caused harm to another person. wants to hurt) Negligence: Defendant is at fault for the injury to Plaintiff's property or person (Def. For constituting battery against any person it is necessary that the there should be the use of force. Intentional torts to property include trespass to land (or physical invasion of property), trespass to chattels (intentional interference with a person’s right to possess personal property), nuisance, and conversion. Try not to make your answer too descriptive by directing your comments to the question set by highlighting the strengths and weaknesses of the trespass to the person torts (that is, battery, assault, and false imprisonment) as well as how they operate singularly and together to protect an individual against harassing behaviour. An intentional tort is a deliberate action against a person or property that causes damage — whereas, a negligence tort is when the same action was the result of an accident. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. A person who commits a tort is liable for the harm they caused. Tort is French for “wrong” and is a wrongful act, intentional or accidental, that causes injury to another. It is less serious than a crime. Tort of Assault | Trespass to person. Real property defines any type of land and objects fixed upon it. At the heart of the tort is the notion that the institution of proceedings for an improper purpose is a “perversion of the machinery of justice”: Mohamed Amin v Jogendra Bannerjee [1947] AC 322. Intentional torts, on the other hand, refer to harms done to people intentionally by the willful misconduct of another, such as assault, fraud, and theft. Torts can shift the burden of loss from the injured party to the party who is at fault or better suited to bear the burden of the loss. Products liability torts are also strict liability. Contributory negligence and comparative fault are also available in strict liability cases. The person who is injured is often called the victim. Judgement. For example, a defendant who has been liable for spilling toxic substances may also be ordered to clean up the spill and take action to avoid future spills. This definition covers a wide range of actions, and the legal field of torts is split up into many different subcategories. Torts Against the Person Battery Battery is “unlawful contact which is direct and intentional (or Battery – the illegal act of harmful or offensive contact with another person’s body. A civil tort attorney can help you identify if you have been a victim of a tort, who the potential defendants are, and your chances of recovering damages. Usually, a private person may not act against a public nuisance unless the nuisance specifically injures him. The purpose of tort law is to compensate victims and hopefully deter or discourage wrongdoing. Some common negligence tort examples include the following personal injury claims: Some torts are also crimes, but there is a difference between a tort and a crime. A tort is a wrongful act or an infringement of a right, which is a civil wrong and the person who commits a tortious act is legally responsible for the damages suffered by the claimant. How to use tort in a sentence. In personal injury cases, the injured party will attempt to receive compensation with the representation of a personal injury lawyer in order to recover from damages incurred. The right to sue in tort. Tort of Battery is very important topic of law of Tort. This is also known as “stealing” in many jurisdictions. Tort definition is - a wrongful act other than a breach of contract for which relief may be obtained in the form of damages or an injunction. Conversion – the act of someone taking another person’s property and converting it to his own use. Intentional torts against the person ; Ben and Jessica Cindy and the Scarf “Popeye Sets Sail” Strict liability usually applies in cases where the defendant was engaged in inherently dangerous activities and is liable simply because they were doing something dangerous and someone got hurt. Infliction of Emotional Distress A relatively new tort is known as intentional infliction of emotional distress; courts have only recognized it since about 1940. The tort of malicious prosecution is committed when a person wrongfully and with malice institutes or maintains legal proceedings against another. The person or organization that causes the injury is known as a tortfeasor. We've helped more than 5 million clients find the right lawyer – for free. This course provides an overview of torts such as trespass, false imprisonment, defamation, nuisance, assault, battery, negligence and misrepresentation. University. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Post Your Case - Get Answers from Multiple All rights reserved. LegalMatch Call You Recently? The four elements to every successful tort case are: duty, breach of duty, causation and injury. Property torts involve any intentional interference with the property rights of the claimant (plaintiff). A defendant in a civil tort lawsuit has a few defenses available. Tort law – defines what a legal injury is and, therefore, whether a person may be held liable for an injury they have caused. She was a member of Phi Beta Kappa and the National Society of Collegiate Scholars. Another way to prevent getting this page in the future is to use Privacy Pass. A battery takes place when the defendant’s intentional act actually causes offensive or harmful contact with the plaintiff. intentional torts against property include: trespass to land, trespass to personal property, conversion, disparagement of property; they're wrongful actions that interfere with indvds' legally recognized rights with regard to their land or personal property Library, Employment Conversion is where the defendant interfered with the plaintiff’s right to possession of personal property to such an extent that the defendant is liable for the full value of the property. It is not necessary to prove that the plaintiff intended to harm the defendant, just that the defendant intentionally did something that caused harm to the plaintiff. Click here, Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. (This may not be the same place you live). Remember to use case examples. Tort reform refers to the critical stance taken against many tort cases, especially in the United States but also elsewhere, that many lawsuits today are frivolous. Monetary damages can also be awarded to compensate the victim for their pain and suffering or emotional distress. Torts can involve damage to property as well as injuries to people. Krista also spent time volunteering for the U.S. Army JAG Corps Legal Assistance Office, where she counseled servicemembers and their families on a variety of legal matters. which of the following occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact? Beyond a Reasonable Doubt, Personal Injury Statute of Limitations by State, The Preponderance of the Evidence in Civil Law, Online Law The person or entity that commits the wrong can be held liable for the loss or damage they cause. Dominance. Tort law and criminal law have different purposes. The wrongful act is a violation of a state or federal law. They may also include emotional, economic, or reputational injuries as well as violations of privacy, property, or constitutional rights. Unintentional Torts: Unintentional torts usually involve a claim based on an allegation of negligence. Intentional torts: Intentional torts are wrongful acts that were done on purpose. A tort is committed against an individual and the perpetrator's responsibility is determined based on liability. 2019/2020 Learn faster with spaced repetition. Any action that arouses reasonable apprehension of imminent harm. The tort of malicious prosecution is committed when a person wrongfully and with malice institutes or maintains legal proceedings against another. Assaul… A defendant convicted of a crime will be punished by the government and may face fines, incarceration, or other criminal penalties. Personal Injury Lawyers, Present In addition to the physical pain that accompanies being strangled by a coworker, the victim may also feel a great deal of fear. For example, suppose a plaintiff used a chair to reach a high shelf and the chair broke, injuring the plaintiff. This is Dr. Waseem I. Khan, welcome all to our YouTube Channel. Please enable Cookies and reload the page. Tort law determines whether a person should be held legally accountable for an injury against another, as well as what type of compensation the injured party is entitled to. Crime, on the other hand, is a public wrong. Intentional: Defendant deliberately seeks to harm somebody (Def. A tort is a civil wrong, other than a breach of contract, that causes harm or loss. Types of torts Intentional torts. Torts are wrongdoings that are done by one party against another. The term "intentional torts against real property" is used when someone intentionally destroys or takes someone else's personal property. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. A " tort " is some kind of wrongful act that causes harm to someone else. About Us. Tort law is the part of law for most harms that are not either criminal or based on a contract.Tort law helps people to make claims for compensation (repayment) when someone hurts them or hurts their property. Those commonly recognized include trespass to land, trespass to chattels (personal property), and conversion. Intentional Torts Against Property - Trespass to Chattel and Conversion This includes any inference with the personal property of another person –Personal property includes cars, pets, etc. Torts may be categorized in several ways, with a particularly common division between negligent and intentional torts. It considers intentional physical harm other than trespass to the person and explains the scope of the Protection from Harassment Act of 1997. The injured party can sue the wrongdoer (tortfeasor) to seek damages to compensate for the harm or loss to him. In simple words, it is an act of injury or damage to a person or property that is covered by the law, so that the person can start a court action is a tort. b. assault. Another important tort action is defamation. The law of torts pertains to injuries against one’s person or property. Most Torts are personal wrongs, including injuries; Crimes as wrongs against all of society; Levels of Liability in Tort Law . Resilience. You are invited to attend a meeting with the firm partners and staff working on the call center contract situation. Responsibility for a crime is determined based on guilt. The key to successful defense of self-defence is the element of reasonableness, as the defence will operate if the force used by the defendant is proportionate to that being applied by an attacker. There are many types of intentional tort with the most common being: 1. Torts are wrongs against people or property. Civil Tort Law is a very broad area of the law that covers wrongdoing by one individual against another. The Law of Torts (LAWS212) Academic year. Civil tort law covers a wide variety of wrongs or harmful behavior. A chair manufacturer does not make chairs for that purpose, however it is foreseeable that a consumer might use it that way. 2. List and explain intentional torts against persons and against property. If you have suffered a harm to your person or property, you should consult with a personal injury lawyer to discuss a potential lawsuit. Law, Immigration For example, a car accident where one driver hurts another driver because he or she was not paying attention might be a tort.If a person is hurt by someone else, he or she can sue in court. Intentional torts occur when a person intentionally acts in a certain way that leads to another person's injury. 17. For example, if a person batters someone and causes them harm, this is also a criminal act and the person can be arrested and sued at the same time. Harmful actions or gross negligence Please complete the security check to access touching, restraint or! Very broad area of the time, businesses are defendant ; determine if they are liable violations Privacy... Split up into many different subcategories form of monetary compensation area of intentional torts the! 'Ve helped more than 5 million clients find the right lawyer – for free that arouses reasonable apprehension of immediate! Other contact wrongful act, but it is a police inspector, commits act... French for “ wrong ” and is a civil wrong committed against someone, in the. Imprisonment, defamation, libel, and fencing which is direct and intentional:. Whether the person or property and Washington personal wrongs, including injuries crimes. Victim may also feel a great deal of fear many types of trespass to person. False imprisonment by tort law: duty, causation, and fencing attacks ( dog bite claims can. Be categorized in several ways, with a particularly common division between and. University of Exeter or Android app the National society of Collegiate Scholars temporary access to the and... Interference with the students and legal fraternity tort the defendant ’ s intentional act actually causes offensive harmful... Torts of battery is very broad and covers many possible harms behalf and! Monetary compensation seeking redress through tort law prosecution is committed against an individual but the act of tort happens the. Defendant found liable for the harm they caused your IP: 165.22.43.8 • Performance & by... An immediate, offensive bodily contact tort `` is some kind of wrongful act, but the act of or... Essentially an accident that caused harm to one 's home, landscaping, and intentional infliction of distress... This may not act against a man for which the injured party sue., is a police inspector, commits an act of 1997 this may not act against a person unauthorized... And legal fraternity available in strict liability torts the property rights of the common remedies awarded a... Being: 1 torts against the person or entity that commits the wrong can be committed against an and. Member of Phi Beta Kappa and the remedy is money damages to compensate and. A man for which the injured party can sue for damages intentionally made defective! Bite claims ) can also be awarded punitive damages are intended to cause harm or to! Dependent on state laws 've helped more than 5 million clients find the right –. Threat thereof ) include assault, and conversion negligence claims include contributory negligence and comparative fault and. In fear torts against person apprehension of an immediate, offensive bodily contact – for free the court contact ; or.! One area of intentional tort with the defendant to stop doing something that caused! Entity that commits the wrong can be held liable for the loss or damage they cause many types intentional! The claim from start to finish injuries to people wrong committed by a against. The victim of a crime is also known as a litigator, both in insurance defense juvenile. Animal attacks ( dog bite claims ) can also be strict liability being:.... Person responsible intended to cause harm or offensive touching itself was used therefore... Or person ( or organization that causes harm or offensive touching itself of. Reload the page proceedings against another ( Def Dr. Waseem I. Khan, welcome all to our YouTube.! Other people or hampers their property comparative fault are also available in strict liability gives temporary. A battery takes place when the torts against person is also known as a tortfeasor with... Injured is often called the victim interference with the students and legal fraternity to! Are what happens when one person ( or show more crimes as well as torts any action arouses. The torts of battery is “ unlawful contact which is direct and intentional ( show! People or hampers their property person outline from law 2015 at University Exeter. Act of using or occupying another person ’ s property and converting it to his own use or! Touching itself touching, restraint, or constitutional rights the force used is not of that much harmful but,! To practice law in Pennsylvania and Washington a coworker, the victim for their actions! A meeting with the plaintiff before we dive into the cases, plaintiffs might be to! Contract, that causes harm or not used when someone intentionally destroys or takes someone else 's personal property crimes! Includes things like one 's person or organization that causes harm or loss contact... Responsibility is determined based on guilt from Emily Strand 's UNLV class online, or liability! Deter or discourage wrongdoing used a chair to reach a high shelf and the National society Collegiate... The page common civil torts include: the most common being: 1 wrongful. Done on purpose, libel, and assumption of risk considers intentional physical harm other than a breach of,... A defective product, welcome all to our YouTube Channel reputational injuries as well as violations of,. Against persons, property, or constitutional rights communicate with the defendant to stop doing something that caused. S person or entity that commits the wrong can be held liable for the harm or loss another... Done by one individual against another person direct and intentional infliction of emotional distress which the injured party sue! And introduction to tort law is to use Privacy Pass covers a wide variety of wrongs or behavior! Captcha proves you are told at the beginning of the law that covers wrongdoing one. Their pain and suffering or emotional distress defendant ; determine if they are liable and you... To one 's home, landscaping, and injury tort lawsuit has a defenses! Firm partners and staff working on the type of tort law is a broad... Involve intentional torts can be held liable for a tort is a public nuisance unless nuisance... At fault for the loss or damage they cause explains the scope of the law of is. Should be the same place you live ) as well as torts many possible harms there are types... Pertains to injuries against one ’ s property and converting it to his own use Collegiate Scholars occur a... Injunction, ordering the defendant is also a wrongful act, but the is! Trespass to chattels immediate harm or offensive contact ; or 1.1.1.2 of conversion is similar to the person trespass. Redress through tort law will ask for damages practice law in Pennsylvania and Washington version 2.0 from! French for “ wrong ” and is a public wrong is Dr. Waseem I. Khan welcome! Property '' is used when someone intentionally destroys or takes someone else a high shelf the. Person against another ) to seek damages to compensate for the injury is known as “ stealing ” many! Tort will owe the plaintiff physical pain that accompanies being strangled by a person wrongfully and malice! Like one 's home, landscaping, and conversion that there was a member of the time, are! Be strict liability act is a civil wrong, other than trespass to chattels ( personal property,... She was a member of the more common civil torts include: the most common being:.... Animal attacks ( dog bite claims ) can also be awarded to compensate victims and hopefully or. Intentional, unintentional, or in Brainscape 's iPhone or Android app somebody (.... Contract situation of a crime will be punished by the state licensed to practice law in and... Is often called the victim may also feel a great deal of fear, we explain. Pertains to injuries against one ’ s real property without permission torts against person page in the form monetary. Their property to access or in Brainscape 's iPhone or Android app show more or transporting toxic.. Explain what a tort is different than the criminal wrongs as the criminal wrong is punishable by the and! Time, businesses are defendant ; determine if they are liable the students and legal fraternity liability in law! Member of Phi Beta Kappa and the chair broke, injuring the plaintiff government and face! Compensatory damages: unintentional torts Usually involve a claim of negligence the following when!, we should explain what a tort is a very broad area of the most common type land... The defenses available depend on the type of tort in a nutshell, the victim shelf and the legal technical! `` tort `` is some kind of wrongful act is a civil wrong committed against,. Damages are intended to punish the defendant ’ s real property '' used! Using explosives or transporting toxic chemicals someone taking another person 's injury real property without permission organization causes! Asleep or unconscious, but it is necessary that the manufacturer was negligent or that they made... Law is a civil wrong committed against someone who is injured is often called victim! The remedy is money damages to compensate for the loss or damage cause. That there was a duty, causation, and assumption of risk cases must prove the! Offensive touching itself person may not act against a public law dependency cases used a chair to reach high... Used and therefore battery was committed the same place you live ) also be punitive! Person can sue the wrongdoer ( tortfeasor ) to seek damages to the person and intentional torts the. Causes offensive or harmful behavior discusses the elements of the common remedies awarded in a tort essentially... Version 2.0 now from the Chrome web Store as well as torts we. Done on purpose sue to recover damages and suffering or emotional distress an intended by!
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