Intentional Torts

Question 1

What must a plaintiff prove to establish a prima facie case for any intentional tort?

Answer 1

(1) an act by defendant, (2) intent by the defendant, and (3) causation

Question 2

The doctrine of transferred intent applies to which torts?

Answer 2

Assault, battery, false imprisonment, trespass to land, trespass to chattels

Question 3

Causation

Answer 3

is satisfied when the defendant’s conduct was a SUBSTANTIAL FACTOR in bringing about the injury

Question 4

What are the elements of the tort of assault?

Answer 4

(1) intentional act by defendant that (2) created a reasonable expectation by the plaintiff of (3) immediate harmful or offensive contact to the plaintiff’s person

Question 5

What are the elements of false imprisonment?

Answer 5

(1) an act or omission by defendant that (2) confines or restrains the plaintiff in (3) a bounded area (4) of which plaintiff is aware OR by which plaintiff is harmed

Question 6

What are the elements of IIED?

Answer 6

(1) a reckless OR intentional (2) act by defendant (3) amounting to extreme and outrageous conduct that (4) causes plaintiff to suffer severe emotional distress [actual damages]

Question 7

What are the elements of trespass to land?

Answer 7

(1) intentional- as to the entry- (2) physical invasion (3) of the plaintiff’s real property

Question 8

What are the elements of trespass to chattels?

Answer 8

(1) act by defendant that (2) interferes [by damage or theft] with the plaintiff’s right of possession in a chattel

Question 9

What are the elements of conversion?

Answer 9

(1) act by defendant that (2) interferes seriously enough that plaintiff is entitled to the chattels full value (3) with the plaintiff’s right of possession in a chattel

Question 10

What are the elements of defamation?

Answer 10

(1) a false (2) defamatory statement that specifically identifies the plaintiff (3) published to a third party (4) by fault of the defendant that (5) damages the plaintiff’s reputation

Question 11

What additional defamation elements must a public official prove?

Answer 11

(1) actual malice - knowledge of falsity OR a reckless disregard for the truth

Note: subjective standard

Question 12

What additional element of defamation must a private person involved in a matter of public concern prove?

Answer 12

Negligence regarding the falsity of the statement [“actual injury” damages only]

Note: if actual malice is found, damages may be presumed and punitive damages allowed

Question 13

What is libel?

Answer 13

A defamation embodied in permanent form (written, recorded, etc.) general damages are presumed

Question 14

What is slander?

Answer 14

Spoken defamation (plaintiff must prove special damages unless the statement is slander per se)

Question 15

What are the categories of slander per se?

Answer 15

(1) statement that has an adverse effect on business/profession (2) statement that plaintiff committed a serious crime (3) statement imputing serious sexual misconduct to plaintiff (4) statement that the plaintiff has a loathsome disease

Question 16

What are the types of invasion of privacy torts?

Answer 16

(1) appropriation of a plaintiff’s picture or name (2) intrusion on the plaintiff’s affairs or seclusion (3) publication of facts placing the plaintiff in a false light (4) public disclosure of private facts about the plaintiff

Question 17

What is appropriation of a plaintiff’s image?

Answer 17

(1) unauthorized use of the plaintiff’s picture or name for the defendant’s commercial advantage [generally limited to ads/product promotions]

Question 18

What is intrusion on a plaintiff’s affairs or seclusion?

Answer 18

(1) an act of prying that (2) intrudes on something private (3) in a way highly offensive to a reasonable person

Question 19

What is “false light”

Answer 19

(1) attribution to plaintiff of views they did not hold or actions they did not take (2) circulated to the public at large (3) highly offensive to a reasonable person

Note: if the matter is of public interest, actual malice must be proven

Question 20

What is public disclosure of private facts?

Answer 20

Public disclosure of private information about the plaintiff that is highly offensive to a reasonable person of ordinary sensibilities

Note: liability can attach even if the statement is true - 1A limitations apply to matters of legitimate public interest