Chapter 7: Intentional Torts

Question 1

these torts come into existence only if a duty owed by the tortfeasor

Answer 1

intentional torts against persons

Question 2

the person who perpetrates a tort

Answer 2

tortfeasor

Question 3

placing someone in apprehension of imminent, unwanted touching (battery), to which they did not consent

Answer 3

tort of assault

For the tort to be complete, all that is required is that the victim believe that he or she is about to be touched

The tort seeks to compensate victims for the apprehension they suffer when they reasonably believe they are about to be touched. All that is required is that the apprehension be reasonably realistic for the tort to be complete

Question 4

unpermitted touching that is either harmful or offensive, whether or not serious injury occurs; the extent of the injury is relevant only in determining the monetary dam- ages to which the victim is entitled

Answer 4

battery

Question 5

Intentionally causing someone to suffer extreme emotional distress by engaging in extremely cruel, outrageous conduct

Answer 5

intentional infliction of emotional distress

the conduct of the defendant must be outrageous and shockingly cruel

Question 6

Intentionally interfering, without just cause, with a person’s right to freely move about, can be either physical or psychological in nature

Answer 6

false imprisonment

Question 7

interference with or damage to an individual’s right to exclusively enjoy his or her personal and real property

Answer 7

intentional torts against property

Question 8

intentional physical act that results in an unjustified intrusion onto another’s land without the owner’s consent

Answer 8

tresspass to land

Question 9

damages in name only, usually $1

Answer 9

nominal damages

Question 10

an order prohibiting the trespasser from continuing to trespass in the future

Answer 10

injunction

Question 11

awarded by judges typically when trespass is of a continuing nature

Answer 11

Injunctive relief

Question 12

If someone damages another’s personal property

Answer 12

trespass to personal property

Question 13

If the defendant interferes with someone’s personal property to such a degree that it is ruined or lost, consists of permanently depriving the owner of personal property of its use and enjoyment through theft or destruction

Answer 13

conversion

Question 14

protect store owners from lawsuits like trespassing, but actions need to be reasonable

Answer 14

Shopkeepers’ statutes

Question 15

using a person’s name or like- ness for commercial purposes without his or her permission

Answer 15

appropriation

Question 16

willfully observing the private conduct of others under circumstances where an expectation of privacy exists

1. The conduct observed must be private, not public;
2. The intrusion must be willful; and
3. The nature of the intrusion must be such that it is objectionable to a reasonable
   person.

Answer 16

intrusion into seclusion

Question 17

placing a person or persons in a false light by publishing true facts about them in such a way that unpopular views or actions are attributed to them

Answer 17

false light tort

Question 18

Publication of private facts that a reasonable person would find objectionable

Answer 18

invasion of privacy

Question 19

publishing false statements about a person that dam- age his or her reputation, takes TWO forms

Answer 19

defamation

Two forms: libel and slander

Question 20

false statements are written or in a tangible form (e.g., electronic data on the Internet)

Answer 20

libel

Question 21

spoken false statements

Answer 21

slander

Question 22

making a false statement either with the actual knowledge that it is false or with reckless disregard for its truth or falsity

Answer 22

malice

Question 23

lawsuit occurs when the employer makes a statement about an employee, such as accusing him or her of stealing from the business

Answer 23

false accusation in the workplace

Question 24

a tort that consists of willfully misrep- resenting the quality of a competitor’s goods or services

Answer 24

disparagement

Question 25

occurs whenever one person intentionally misleads another into undertaking an action that causes tangible harm

Answer 25

tort of fraud