Ch. 7 Intentional Torts

Question 0

What type of Civil Liability are Torts?

Answer 0

It’s involuntarily assumed, as imposed by law.

Question 1

What are the two types of Civil Liability?

Answer 1

1. ) Voluntarily assumed, as by contract

2. ) Involuntarily assumed, as imposed by law

Question 2

What are the 3 Principal Objectives of Torts?

Answer 2

1. ) To compensate persons who sustain harm or loss resulting from another’s conduct
2. ) To place the cost of that compensation only on those parties who should bear it
3. ) To prevent future harms and losses

Question 3

A Tort is committed when:

Answer 3

1. ) A DUTY owed by ons person to another
2. ) is BREACHED
3. ) proximately CAUSing
4. ) injury or DAMAGE to the owner of a legally protected interest.

Question 4

Punitive Damages

Answer 4

Damages over and above the amount necessary to compensate the plaintiff; designed to punish and make an example of the defendant and deter others from similar conduct

Question 5

What type of law is Tort law primarily?

Answer 5

Common law

Question 6

Intent

Answer 6

1.) The person acts with the purpose of producing a certain consequence.

OR

2.) He acts knowing that the consequence is substantially (almost) certain to result.

Question 7

Battery

Answer 7

An intentional infliction of harmful or offensive bodily contact

• Must be accomplished through the use of objects

Question 8

Assault

Answer 8

Intentional conduct by one person directed at another that places the other in apprehension of imminent (immediate) bodily harm or offensive contact

• Usually committed before battery, but if intended battery fails, assault remains

Question 9

False Imprisonment/ False Arrest

Answer 9

The act of intentionally confining a person against her will within fixed boundaries if the person is conscious of the confinement or harmed by it

Question 10

What are the 3 Types of Torts?

Answer 10

1. ) Intentional
2. ) Negligence
3. ) (Strict) Liability

Question 11

Tort

Answer 11

A private, noncontractual wrong

Question 12

What are the 2 types of Defamation?

Answer 12

1. ) Libel

2. ) Slander

Question 13

What are the 4 types of Invasion of Privacy?

Answer 13

1. ) Appropriation of a person’s name or likeness
2. ) Unreasonable intrusion on the seclusion of another
3. ) Unreasonable public disclosure of private facts
4. ) Unreasonable publicity that places another in a false light in the public eye

Question 14

Infliction of Emotional Distress

Answer 14

When a person by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another

Question 15

Recklessness

Answer 15

Conduct that evidences a conscious disregard of or an indifference to the consequences of the act committed

• Even in the absence of any physical injury

Question 16

Defamation

Answer 16

A false communication that injures a person’s reputation by disgracing him and diminishing the respect in which he is held

Question 17

Elements of Defamation

Answer 17

1. ) A false & defamatory statement concerning another
2. ) An unprivileged publication (communication) to a third party
3. ) Negligence or recklessness on her part in knowing or failing to ascertain the falsity of the statement
4. ) In some cases, proof of special harm caused by the publication

Question 18

Libel

Answer 18

Handwritten, typewritten, printed, pictorial, TV, or radio

Question 19

Slander

Answer 19

Spoken or oral

Question 20

Publication

Answer 20

When defamation is communicated to a person(s) other than the one who is defamed

• Necessary to make it libel or slander (defamation)

Question 21

What are the 3 types of Privileges?

Answer 21

Absolute, conditional, & constitutional

Question 22

Absolute Privilege

Answer 22

Protects the defendant regardless of motive or intent, when public policy favors complete freedom of speech

Includes:

1. ) Statements made by participants in a judicial proceeding 
2. ) Statements made by members of Congress and state & local legislative bodies
3. ) Statements made by executive branch officers while performing their duties 
4. ) Statements regarding a third party made between spouses when they are alone

Question 23

Conditional Privilege

Answer 23

Privilege to publish defamatory matter to protect one’s own legitimate interests, or in some cases the interests of another

• Depends on proper use of the privilege

Question 24

Constitutional Privilege

Answer 24

Privilege to defamatory/false statements about public officials so long as it is done without malice– (clear & convincing proof of the publisher’s knowledge of falsity or reckless disregard for the truth)

Question 25

Communications Decency Act of 1996 (CDA)

Answer 25

Granted immunity to Internet service providers (ISPs) from liability for defamation when publishing information originating from a third party

Question 26

Appropriation

Answer 26

The unauthorized use of another person’s name or likeness for one’s own benefit

Question 27

Public Disclosure of Private Facts

Answer 27

Liability is imposed for publicity given to private information about another, if the matter made public would be highly offensive and objectionable to a reasonable person

Question 28

False Light

Answer 28

Imposes liability for highly offensive publicity placing another in a false light if the defendant knew that the matter publicized was false or acted in reckless disregard of the truth

Question 29

Intrusion

Answer 29

The unreasonable and highly offensive interference with the solitude or seclusion of another

Question 30

Misuse if Legal Procedure

Answer 30

Protects an individual from being subjected to unjustifiable litigation

3 Types:

1. ) Malicious Prosecution
2. ) Wrongful Civil Proceedings
3. ) Abuse of Process

Question 31

Both 1.) Malicious Prosecution and 2.) Wrongful Civil Proceedings:

Answer 31

Impose liability for damages caused by improperly brought proceedings, including harm to reputation, credit, or standing; emotional distress; and the expenses incurred in defending against the wrongfully brought lawsuit

Question 32

Abuse of Process

Answer 32

Using a legal proceeding to accomplish a purpose for which the proceeding is not designed

Question 33

Intentional Harm to Property includes 4 Torts:

Answer 33

1. ) Trespass to real property
2. ) Nuisance
3. ) Trespass to personal property
4. ) Conversion

Question 34

Real Property

Answer 34

Land and anything attached to it, such as buildings, trees, & minerals

• The law protects the possessor’s right to the exclusive use and quiet enjoyment of the land.

Question 35

Trespass to Real Property

Answer 35

A person intentionally does any of the following:

1. ) Enters or remains on land in the possession of another
2. ) Causes a thing or a third person to so enter or remain
3. ) Fails to remove from the land a thing that he is under a duty to remove

Liability exists even when no actual damage is done to the land.

Question 36

Nuisance

Answer 36

A nontrespassory invasion of another’s interest in the private use & enjoyment of land

Types: public & private

Question 37

Personal Property

Answer 37

Any type of property other than an interest in land

Question 38

Trespass to Personal Property

Answer 38

The intentional dispossession or unauthorized use of the personal property of another

The trespasser is liable when he:

1. ) Dispossesses the other of the property
2. ) Substantially impairs the condition, quality, or value of the property
3. ) Deprives the possessor of use of the property for a substantial time

Question 39

Conversion

Answer 39

An intentional exercise of dominion or control over another’s personal property that so seriously interferes with the other’s right of control as justly to require the payment of FULL value for the property (not just the damages)

• Every conversion is a trespass to personal property, but NOT vice-versa

Question 40

Interference with Contractual Relations

Answer 40

Involves interfering intentionally and improperly with the performance of a contract by inducing one of the parties not to perform it

Question 41

Fraudulent Misrepresentation

Answer 41

Imposes liability for the monetary loss caused by justifiable reliance on a misrepresentation of fact intentionally made for the purpose of inducing the relying party to act

Question 42

Disparagement (Injurious Falsehood)

Answer 42

Imposes liability upon one who publishes a false statement that results in harm to another’s monetary interests if the publisher knows that the statement is false or acts in reckless disregard of its truth or falsity

Question 43

Privilege

Answer 43

Immunity from tort liability when the defendant’s conduct furthers a societal interest of greater importance than the injury inflicted upon the plaintiff

• Ex: self-defense, defense of property, & defense of others