chapter 7 intentional torts Flashcards
The cousin of defamation that involves harm to another’s monetary interests
disparagement
tort to property that involves wrongful entry onto another’s land or failure or remove items from some one else’s land
trespass to REAL property
offensive publicity of another that is UNTRUE but not necessarily defamatory
false light
The two legal classes of property
real & personal
tort to property that is a non-trespass invasion of another in regards to their use and enjoyment of their land
nuisance (ex: noise ordinance)
Publication of a false statement that injures the reputation of that person
defamation
placing another in apprehension or fear of immediate bodily harm
Assault
three types of breaches in Tort law
intentional tort, negligence, strict liability
tort law protects injury to:
persons, property, and economic interests
tort is an act that intentionally interfere with:
the rights of another
intentional infliction of physical harm or offensive bodily contact with another
battery
false statement made with knowledge of falsity AND intent to mislead
fraudulent misrepresentation
case and tort that successfully argued that media must not be negligent in vetting their sources
sandman v cnn / wash post — defamation
case/tort that successfully argued that the interference with private matters is a tort regardless of publicity
hamburger vs eastman — intrusion
intentionally sharing that a person is of poor character and often breaches on their responsibilities of an agreement
interference of contractual relations
intentional exercise of DOMINATION or CONTROL of property of another which may involve DESTRUCTION or UNAUTHORIZED USE
conversion
difference between trespass and conversion
conversion has additional element of altering the property - MEASURE OF DAMAGE
3 privilege defenses used for defamation
absolute, conditional, and constitutional
defense allowing for justified necessity to prevent imminent harm
PRIVILEGE: have the privilege to defend oneself, others, and property (on basis of state law)
invasion of privacy tort not recognized by NY
public disclosure of private facts
extreme outrageous conduct that NO reasonable person would and could endure
infliction of emotional distress
what defense tort has the exception of “unless outside the scope of normal harm”
CONSENT
case and tort that set the precedent that something in someone’s hand can be an extension of one’s body and thus be subject to liability as well.
Fisher v Carrousel Motor Hotel — Tort of battery
Name the case and tort that successfully argued that one may not use someone’s likeness and name without permission and royalties.
Johnny Carson vs Johnnys Portable Toilet — appropriation
