Attack Outline Flashcards
Memorize the elements of each tort
Battery
V I HO CPP
A plaintiff can establish a prima facie case for battery by showing: (1) the defendant committed a volitional act, (2) with intent, resulting in a (3) harmful or offensive (4) contact with the plaintiff’s person.
Assault
V I IA HO CPP
A plaintiff can establish a prima facie case for assault by showing: (1) the defendant undertook a volitional act, (2) with intent, effecting (3) the immediate apprehension of a harmful or offensive contact to the plaintiff’s person.
False Imprisonment
I CP PAC
A plaintiff can establish a prima facie case of false imprisonment by showing the defendant (1) committed a volitional act that (2) intentionally (3) confined the plaintiff, and that the plaintiff (4) was aware of the confinement.
IIED (outrage)
IR VEOC CSEM D
A plaintiff can establish a prima facie case for intentional infliction of emotional distress by showing that the defendant (1) intentionally or recklessly, (2) committed a volitional act that amounted to extreme and outrageous conduct (3) that caused severe emotional distress on the plaintiff, and (4) resulted in damages.
Trespass to Land
I V RSS EPRP
A plaintiff can establish a prima facie case for trespass to land by showing the defendant; intentionally committed a volitional act that resulted in someone or something entering onto the plaintiff’s real property.
Trespass to Chattels
I CVATIW PRPTAC GBIOD
A plaintiff can establish a prima facie case for trespass to chattels by showing: the defendant (1) intentionally (2) committed a volitional act that interfered with the (3) plaintiff’s right of possession to a chattel; generally by intermeddling or disposession, but it can be proven in other ways.
Conversion
I CVATIW PRPTAC ISSMWFSODPBDFFVOTC
A plaintiff can establish a prima facie case for conversion by showing: the defendant (1) intentionally (2) committed a volitional act that interfered with (3) the plaintiff’s right of possession in a chattel (4) in so substantial a manner as to warrant a forced sale or damages paid by the defendant for the full value of the chattel.
Intentional Economic Interference
VCONSEE DK ItoI CAUSATION DAMAGES
There is a (1) valid contract or non- speculative economic expectancy between the plaintiff and a third party that (2) the defendant had knowledge of, (3) and intended to interfere with. (4) but for this interference, the plaintiff would have received the benefit of the economic interest and (5) the plaintiff thereby accrued damages.
Fraud
MMR Scienter ItoIR PAJR AD
To establish a prima facie case for fraud, a plaintiff must demonstrate the defendant made a material misrepresentation, scienter, intent to induce reliance, plaintiffs reliance- both actual and justifiable, and actual damages.
Breach of Fiduciary Duty
N/A
Defamation
DR OPE (ls lq ss sd) (hagl)
DT RAMOF OCTP PBD EC(LS/LQ/SS/SD)(per se categories HAGL)
To establish a prima facie case for defamation, a plaintiff must prove the following five elements:
Defamatory Statement: The statement must tend to harm the reputation of the plaintiff and lower them in the estimation of the community or deter third persons from associating with them.
Regarding a Matter of Fact: The statement must be about a matter of fact, not opinion. Courts consider the context, medium, audience, and provability of the statement to determine if it is fact or opinion.
Of and Concerning the Plaintiff: The statement must identify the plaintiff, either directly or by implication. A small group can be identified, but a vague or ambiguous statement may not be sufficient.
Published by the Defendant: The statement must be communicated to at least one person other than the plaintiff. This is known as “publication” in the legal sense, and it doesn’t require formal publication like in a book or newspaper.
Extra Condition: This element can be satisfied in one of four ways:
(a) Libel Per Se: A written or permanently recorded statement that is defamatory on its face, without the need for external information.
(b) Libel Per Quod: A written or permanently recorded statement that requires external information to understand its defamatory nature and fits into one of the “per se” categories.
(c) Slander Per Se: A spoken or ephemeral statement that fits into one of the “per se” categories.
(d) Special Damages: Quantifiable monetary losses that the plaintiff can prove were caused by the defamatory statement.
Categories of “Per Se” Defamation
These categories apply to slander per se and libel per quod:
Adverse to one’s profession or business: The statement must be specific to the person’s job and harm their professional reputation.
Having a loathsome disease: Historically, this included diseases like leprosy and STDs, but the definition may evolve.
Guilt of a crime of moral turpitude: Generally, violent and dishonest crimes like murder, rape, and fraud.
Lack of chastity: Historically, this referred to abstaining from sex or, for married people, engaging in extramarital sex. The definition may evolve.
False Light
PAP HO
A plaintiff can establish a prima facie case for false light by showing the defendant: made a public statement, with actual malice, placing the plaintiff in a false light, that is highly offensive to the reasonable person.
A public statement is one that was disseminated to a broad audience or group. A few or a small number of people will not suffice.
actual malice means the defendant either knew the statement was false or acted with Reckless disregard for the truth.
Placing the plaintiff in a false light highly offensive to a reasonable person
false light is the major misrepresentation of character, history and/or belief And does not require reputational harm. For false light, a plaintiff can sue over a false statement even if it is reputation-enhancing rather than being reputation-harming, so long as the reasonable person would find it offensive.
Intrusion upon seclusion
DI IAPZ TWBHORP WNOLPC
A plaintiff can establish a prima facie case for inclusion upon seclusion by showing the defendant intruded into a private zone that would be highly offensive to a reasonable person and was not of legitimate public concern.
An intrusion can be physical or otherwise (spying camera, peeping tom, etc)
A private zone is one where the plaintiff has a reasonable expectation of privacy.
Highly offensive to a reasonable person is determined on a case-by-case basis, considering the extent of the intrusion and any justification or public interest involved.
Not of legitimate public concern. This serves as an affirmative defense, meaning if the intrusion is deemed to be of legitimate public concern, it can negate the “highly offensive” element.
Public Disclosure of Private Fact
DPD PF RPHO NOLPC
A plaintiff can establish a prima facie case for public disclosure of embarrassing fact by showing the defendant publicly disclosed, private facts that the reasonable person would find highly offensive not of legitimate concern.
Public disclosure.
Of private facts.
Highly offensive to a reasonable person. Similar to intrusion upon seclusion, this is assessed based on motive and objective standards.
Not of legitimate public concern. This serves as an affirmative defense and can override the “highly offensive” element.
Appropriation
DUPNOL DB PD C
The defendant used the plaintiff’s name and/or likeness.
The defendant’s use was for their benefit.
The plaintiff suffered damages (e.g., mental distress).
Causation (the damages were caused by the defendant’s use of the plaintiff’s name).
Negligence
E.B.A.P.I
To establish a prima facie case for negligence, the plaintiff must prove the following elements: Existence of a Duty of Care, Breach of that duty, Actual causation, Proximate Causation and Injury.
To prove Duty of Care the plaintiff must show the defendant had a legal obligation to act with reasonable care towards the plaintiff.
To prove Breach of Duty the plaintiff must show The defendant’s conduct fell below the standard of care expected of a reasonable person under the circumstances.
To prove Causation the plaintiff must show the defendant’s breach of duty was both the actual cause (the injury would not have occurred “but for” the defendant’s conduct) and the
proximate cause (the injury was a foreseeable consequence of the defendant’s conduct) of the plaintiff’s injury.
To prove Injury/Damages The plaintiff must show they suffered actual harm to their person or property as a result of the defendant’s negligence.
Strict Liability
A. A. P. I
To establish a prima facie case for strict liability, a plaintiff must prove the following elements: Absolute duty of safety, actual causation, proximate causation and injury.
To prove Absolute Duty of Safety The defendant must owe the plaintiff an absolute duty to ensure safety concerning a particular condition or activity. This means the defendant is liable for any harm arising from that condition or activity, regardless of precautions taken.
To prove Actual Causation: The plaintiff must show that the defendant’s condition or activity directly caused their injury (usually done by the “but for test”)
To prove Proximate Causation: The harm suffered must be a reasonably foreseeable consequence of the defendant’s action or condition.
To prove Injury The plaintiff must have suffered an actual injury to their person or property.
