Chapter 15 - Intentional Torts Flashcards
Assault
The plaintiff must prove the defendant threatened imminent harm.
Battery
The defendant intentionally touching someone without their consent and it has to offend them in some way.
Medial Battery
Preforming a wrong medical procedure or doing a different procedure than the patient consented too.
False Imprisonment
Detention of a person without their consent.
Malicious Prosecution
Wrongful prosecution of a person without reasonable and probable cause.
Nervous Shock and Mental Suffering
deliberately shocking someone, causing the victim to suffer mental or physical harm.
Trespass to Land
Unlawful interference with a person, property or rights of another.
Private Nuisance
Unreasonable and substantial interference with someone’s enjoyment of their property.
Public Nuisance
Unreasonable and substantial interference with the interests that affect the community at large.
Chattels
Movable Personal property.
Defenses to Intentional Torts
-Consent
-Self-defense
-Defense of a third party
-Legal Authority
Defense of a Third Party
legal right to use reasonable force to protect someone else.
Legal Authority
Right given by law to engage in conduct that would otherwise be considered a tort.
Defamation of Character
Injury to a person’s reputation or good name by slander or libel.
Slander
Spoken Defamation