Elements Flashcards
Battery (4)
Harmful of offensive contact
To plaintiff’s person
Intent
Causation
Assault (4)
Act by D creating a reasonable apprehension in P
Of an immediate battery (harmful or offensive contact to P’s person)
Intent
Causation
False Imprisonment (4)
Act act or omission on the part of the D
that confines or restrains P to a bounded area
P must know of the confinement or be harmed by if.
IIED (4)
Act by D amounting to extreme and outrageous conduct
That causes severe emotional distress
Intent (recklessness ok)
Causation
Trespass to Land (4)
D must commit act of physical invasion
Act must interfere with P’s exclusive possession of land.
Intent
Causation
Trespass to Chattels (4)
Act by D that interferes with P’s right of possession in a chattel
Intent
Causation
Damages
Conversion (4)
Act by D that interferes with P’s right of possession in a chattel
Interference is so serious that it warrants requiring D to pay the chattel’s full value
Intent
Causation
Defamation (3)
D must make a defamatory statement specifically identifying the plaintiff
There must be publication of the statement
There must be damage to the reputation of the plaintiff
Defamation for matter of public concern (5)
D must make a defamatory statement specifically identifying the plaintiff
There must be publication of the statement
There must be damage to the reputation of the plaintiff
Falsity; and
Actual malice (pub figure) / Negligence (private figure)
Appropriation of P’s Picture or Name (2)
Unauthorized use of P’s picture or name
For D’s commercial advantage
Intrusion on P’s Affairs or Seclusion (3)
Act of prying or intruding
Into P’s private affairs of seclusion
Highly offensive to a reasonable person
False Light (2)
Attributing views to P he does not hold or actions he did not take
Highly offensive to a reasonable person
Public Disclosure of Private Facts (2)
Public disclosure of private info about P
Highly offensive to a reasonable person
Intentional Misrepresentation (fraud, deceit) (6)
Misrepresentation of a material past or present fact
Scienter (knew or believed it was false or that there was no basis for the statement)
Intent to induce P to act or refrain from acting IN RELIANCE upon the misrepresentation
Causation (actual reliance)
Justifiable reliance
Damages (actual pecuniary loss)
Negligent misrepresentation (5)
Misrepresentation by D in a business of professional capacity
Breach of duty toward a particular P
Causation
Justifiable reliance
Damages
Interference with Business Relations (4)
Existence of a valid contractual relationship b/w P and 3rd party OR a valid business expectancy of P
D’s knowledge of the relationship or expectancy
Intentional interference by D including breach or termination of the relationship or expectancy
Damages
Malicious Prosecution (5)
Who is immune?
Institution of criminal proceedings against P
Termination in P’s favor
Absence of provable cause for prior proceedings
Improper purpose
Damages
(Prosecutors immune)
Abuse of Process (2)
Wrongful use of process for an ulterior purpose
Definite act of threat against P in order to accomplish an ulterior purpose
Negligence (4)
Duty to conform to a specific standard of conduct
Breach of that duty
Causation (actual and proximate)
Damage/harm
Strict Liability (3)
Nature of D’s activity imposes an absolute duty to make safe
The dangerous aspect of the activity was the actual and proximate cause of P’s injury
P suffered damage to person or property
Products Liability (2)
A defect
Existence of the defect when the product left D’s control
Strict tort liability (commercial) (4)
Commercial supplier
Producing or selling a defective product
Actual and proximate cause
Damages
Private Nuisance (2)
Substantial, unreasonable interference
With another’s use or enjoyment of property that he actually possesses or to which he has a right of immediate possession
Public Nuisance (2)
Unreasonable interference
With the health, safety, or property rights of the community.
