Exam #2 - Torts Flashcards
Intentional Torts what are they?
tort: “wrong” or “to twist” - a civil wrong that is not a contract or warranty
- state laws, private laws, and judge made laws*
- torts are different in each state*
- restatement of torts allow for nation wide uniformity*
- judges, scholars, etc. get together every year to unify torts*
- not a source of law*
Elements of Intentional Torts
1) state of mind
2) conduct/action
Purpose/Goal of Intentional Torts
1) from plaintiff’s view - compensation ($)
2) deter the defendent from committing the crime
4 Categories of Torts
1) intentional torts (12)
2) business torts (2)
3) unintentional tort (negligence)
4) strict liability torts
State of Mind
- intentional*
- malice (ill will)
- intent (purpose to do action)
- recklessness (consciously disregarding risks)
- unintentional*
- negligence
Battery (3 elements)
1) intentional (to cause touching or fear of it)
2) unconsented
3) harmful or offensive touching (what most people would consider harmful/offensive)
Assault (3 elements)
1) intentional (to cause touching or the fear of it)
2) unconsented
3) reasonable fear of immediate harm
Defamation (5 elements)
1) unprivileged
- AP=absolute privilege (litigator)
- QP=qualified privilege (employer referral in good faith)
2) publication (just need to prove that at least ONE other person heard)
3) of a false + defamatory
4) fact
5) made w/ negligence or actual malice (look at state of mind)
EX: people accusing 2020 voting booths that the companies made them to be rigged for a certain outcome
Intentional Infliction of Emotional Distress (3 elements)
1) intentionally or recklessly cause
2) extreme + outrageous conduct (beyond the bounds of civilized society)
3) severe emotional distress
False Imprisonment (4 elements)
1) intentionally
2) cause of confinement
3) for an appreciable time (can be a few seconds)
4) without consent
Merchant Protection Statute Defense
for retailers or false imprisonment - if all 3 are met then merchant is not liable for false imprisonment
1) reasonable suspicion of shoplifter
2) stopped for a reasonable amount of time
3) manner in which they investigate must be reasonable
Invasion of Privacy (4 versions NOT elements)
1) intrusion upon seclusion (intrudes on private life - ex: reading one’s mail)
2) public disclosure of private facts (ex: sex life)
3) false light publicity (ex: news exaggerates for more publicity)
4) someone making money off of you (ex: using a celebrity name to promote/sell a product)
Misuse of Legal Proceedings (Malicious Prosecution) 4 elements
happens after trial and verdict is in P’s favor
1) D intentionally files a false lawsuit
2) no facts
3) improper purpose
4) terminates in the now P’s favor
Deceit - aka fraud (5 elements)
lying and causing economic harm
1) false statement (omission or silence when aware of the lie)
2) of material fact
3) knowingly or recklessly made
4) with the intent to induce reliance
5) actual, justifiable, and harmful reliance
EX: a company selling medical grade masks when they aren’t really medical grade
Property Torts
1) trespass to land
2) private nuisance
3) conversion of personal property
Trespass to Land
- intentionally invading land yourself or with an object
- no harm required
- drones count
real/immovable propoerty: land, windmill, well
Private Nuisance
- doing something on one’s own property that interferes the enjoyment of another’s property
- ex: too loud music, bad smell (from court case with pig farm)
Conversion of Personal Property
- taking someone else’s things either on accident or purposely
- ex: stealing a customer list
movable/personal property: pen, jacket, purse
Intentional Interference with Contracts or Economic Advantage (3 elements)
1) existence of a currently valid contract between the P and the third party
2) D had knowledge of contract
3) D intentionally and unfairly interfered with contract causing a breach
Intentional Employment Tort (3 elements)
1) employer had knowledge of a dangerous condition of employment
2) employer had actual knowledge that if the employee is subjected to the dangerous condition, harm is certain or substantially certain to occur
3) employer required the employee to be subjected to the dangerous situation (ex: a job requirement)
Transferred Intent
when someone intends to harm one victim but ends up harming another one unintentionally
Workers Comp.
people couldn’t sue for this until after industrial revolution began
- $ is awarded for being injured on the job
- negligence lawsuits can also stem from these to get more $
Negligence (4 elements)
1) duty (forseeable)
2) breach (forseeable)
3) causation (forseeable)
4) damages
Duty (negligence)
act like a reasonable person under the circumstances, there can be a special relationship between the parties causing for duty (ex: landlord and its tennent)
