chapter 7 intentional torts

Question 1

The cousin of defamation that involves harm to another’s monetary interests

Answer 1

disparagement

Question 2

tort to property that involves wrongful entry onto another’s land or failure or remove items from some one else’s land

Answer 2

trespass to REAL property

Question 3

offensive publicity of another that is UNTRUE but not necessarily defamatory

Answer 3

false light

Question 4

The two legal classes of property

Answer 4

real & personal

Question 5

tort to property that is a non-trespass invasion of another in regards to their use and enjoyment of their land

Answer 5

nuisance (ex: noise ordinance)

Question 6

Publication of a false statement that injures the reputation of that person

Answer 6

defamation

Question 7

placing another in apprehension or fear of immediate bodily harm

Answer 7

Assault

Question 8

three types of breaches in Tort law

Answer 8

intentional tort, negligence, strict liability

Question 9

tort law protects injury to:

Answer 9

persons, property, and economic interests

Question 10

tort is an act that intentionally interfere with:

Answer 10

the rights of another

Question 11

intentional infliction of physical harm or offensive bodily contact with another

Answer 11

battery

Question 12

false statement made with knowledge of falsity AND intent to mislead

Answer 12

fraudulent misrepresentation

Question 13

case and tort that successfully argued that media must not be negligent in vetting their sources

Answer 13

sandman v cnn / wash post — defamation

Question 14

case/tort that successfully argued that the interference with private matters is a tort regardless of publicity

Answer 14

hamburger vs eastman — intrusion

Question 15

intentionally sharing that a person is of poor character and often breaches on their responsibilities of an agreement

Answer 15

interference of contractual relations

Question 16

intentional exercise of DOMINATION or CONTROL of property of another which may involve DESTRUCTION or UNAUTHORIZED USE

Answer 16

conversion

Question 17

difference between trespass and conversion

Answer 17

conversion has additional element of altering the property - MEASURE OF DAMAGE

Question 18

3 privilege defenses used for defamation

Answer 18

absolute, conditional, and constitutional

Question 19

defense allowing for justified necessity to prevent imminent harm

Answer 19

PRIVILEGE: have the privilege to defend oneself, others, and property (on basis of state law)

Question 20

invasion of privacy tort not recognized by NY

Answer 20

public disclosure of private facts

Question 21

extreme outrageous conduct that NO reasonable person would and could endure

Answer 21

infliction of emotional distress

Question 22

what defense tort has the exception of “unless outside the scope of normal harm”

Answer 22

CONSENT

Question 23

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.

Answer 23

Fisher v Carrousel Motor Hotel — Tort of battery

Question 24

Name the case and tort that successfully argued that one may not use someone’s likeness and name without permission and royalties.

Answer 24

Johnny Carson vs Johnnys Portable Toilet — appropriation