Chapter 11 - Intentional Torts

Question 1

Tort

Answer 1

• A civil wrong that causes other than a breach of contract that causes harm to another person or their property.
• Can also be a crime.
• Categories: INTENTIONAL, NEGLIGENCE, and STRICT LIABILITY.

Question 2

Elements of an Intentional Tort

Answer 2

Must have all of the following:

1. Intent
2. Action
3. Cause
4. Damages

Question 3

Assault - IT

Answer 3

When a person feels threatened by an action and feels like they will have immediate harm.

Question 4

Battery - IT

Answer 4

• Occurs when a person intentionally contacts another person in a harmful or offensive way.
• The victim need not be in apprehension or fear of imminent harm.

Question 5

False Imprisonment - IT

Answer 5

When a person is unlawfully confined and the person’s freedom of movement is restrained.
-Store owners may have a different standard and can detain an individual for a reasonable amount of time.

Question 6

Intentional infliction of emotional/mental distress

Answer 6

• Extreme and outrageous conduct that causes emotional distress.
• The victim must suffer severe mental or emotional distress.

Question 7

Snyder v. Phelps

Answer 7

• People were picketing various military funerals.
• They held signs that were very offensive 1000 feet from a funeral site on public property.
• Snyder (dad of the dead soldier) saw them doing this on the TV later the night of the funeral.
• At a district level, Snyder won.
• At S.C. level, although the picketing may have caused some emotional distress, the 1st amendment, freedom of speech, trumped the district court decision - it was a matter of public concern.

Question 8

Trespassing - IT

Answer 8

-A person actually enters onto the real property of another and has the INTENT without permission.

Question 9

Trespass to personal property

Answer 9

• AKA trespass to chattel

- May constitute the tort of “conversion” and the trespasser must pay damages for the value of the personal property.

Question 10

Conversion

Answer 10

A person who trespassed to the chattel also converted it - made it unusable or damaged it.

Question 11

Defamation -IT

Answer 11

• When a defamatory statement is made with the potential to injure a reputation.
• The statement was published and heard or read by at least one other person.
• Written - LIBLE
• Orally - SLANDER
• Statement must be an assertion of fact and not a mere opinion.
• Public Figures have a more difficult time proving defamation - has to be “actual malice” - statement is absolutely false.

Question 12

Invasion of Rights to Privacy -IT

Answer 12

1. Intrusion
2. Appropriation
3. False Light
4. Public disclosure of private facts

Question 13

Fraud - IT

Answer 13

• Intentional misrepresentation of a material fact.

- Victim must rely on the misrepresentation

Question 14

Interference with business relations

Answer 14

• Unfair Competition

Question 15

Overstock v. Smart Bargains

Answer 15

• Smart bargains was putting their ads on overstock.com.
• Overstock sued arguing it was unfair competition.
• Smart bargains won at S.C. level because it was just competitions - no threat of defamation or violence.