CH10A- Torts Flashcards
Torts
civil wrongs committed by a party
against another party that gives rise to an action for damages
– Civil: as distinct from criminal
– Wrong: an act or omission that is either
* 1. a violation of the rights of the wronged party, or
* 2. a breach of the duty of the tortfeasor
Intentional Torts
Torts Against Persons
1. Assault
2. Battery
3. False Imprisonment
4. Intentional Infliction of Emotional Distress
5. Defamation (Slander & Libel)
Torts Against Property
1. Trespass to land
2. Trespass to Chattels/Personalty
3. Conversion
Torts Against Business
1. Tortious Contractual Interference
2. Tortious Business interference
Assault
Any intentional act that creates in another person a reasonable apprehension of immediate harmful or offensive contact.
– The act must be intentional
– There must be apprehension (but not necessarily fear)
– The apprehension must be reasonable
– The apprehended contact must be harmful or offensive
– Contact need not actually occur, only apprehension
Battery
Intentional harmful or offensive physical contact with another person.
– Battery can be harmful or merely offensive
– Contact means with any part of the body or anything attached to it.
– Offensiveness is determined by the reasonable person standard.
– Contact can be made by the defendant or anything set in motion by her.
False imprisonment
The intentional confinement or restraint of another person without justification.
– Confinement can be with physical barriers or the threat of harmful or offensive contact.
– Suits for false imprisonment are commonly brought against business owners for restraining suspected
shoplifters, but, there is no liability so long as the detention is:
* Based on reasonable suspicion, and
* Done in a reasonable manner, and
* Lasts for a reasonable time.
Intentional Infliction of
Emotional Distress
An intentional act that amounts to extreme or outrageous conduct resulting in severe
emotional distress to another person.
– 1. The conduct must be truly outrageous.
– 2. The distress must be severe—indignity or annoyance is not enough.
Defamation
Defamation is concerned with the wrongful injury to reputation of another person,
– Oral defamation is called slander.
– Written defamation is called libel.
– Only false statements can be defamatory.
– Since reputation is what is protected, there is no
defamation unless the false statement is communicated (published) to a third party.
Tortious Contractual Interference
Whenever someone knowingly induces another to breach an existing contract, they are liable for tortious contractual interference.
Tortious Business Interference
1.Established business relationship
2. Intentional interference with the
relationship using predatory methods.
3. Damages
- Defense
– That the conduct was permissible or justified. - Advertising, including comparative advertising so long as it is truthful, is permissible.
Trespass to Land
Intentional entry onto another’s land
without permission.
* Harm is not an element.
* The trespasser must have notice that his presence on the land is not welcome through signs or verbal communication.
Trespass to Chattels/Personalty
Chattels and personalty are personal
property, as distinct from real property (land).
* Trespass to chattels or trespass to personalty is simply the wrongful interference with the personal property of another.
Conversion
Conversion is the substantial interference with the
property rights of another in their personal property.
- Similar to trespass to chattels or personalty, conversion is simply the wrongful interference with
another’s property that seriously interferes with the owners use and enjoyment of that property. - The damages for conversion amount to the fair market
value of the property—essentially a forced sale.
