Intentional Torts Flashcards
What must a plaintiff prove to establish a prima facie case for any intentional tort?
(1) an act by defendant, (2) intent by the defendant, and (3) causation
The doctrine of transferred intent applies to which torts?
Assault, battery, false imprisonment, trespass to land, trespass to chattels
Causation
is satisfied when the defendant’s conduct was a SUBSTANTIAL FACTOR in bringing about the injury
What are the elements of the tort of assault?
(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
What are the elements of false imprisonment?
(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
What are the elements of IIED?
(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]
What are the elements of trespass to land?
(1) intentional- as to the entry- (2) physical invasion (3) of the plaintiff’s real property
What are the elements of trespass to chattels?
(1) act by defendant that (2) interferes [by damage or theft] with the plaintiff’s right of possession in a chattel
What are the elements of conversion?
(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
What are the elements of defamation?
(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
What additional defamation elements must a public official prove?
(1) actual malice - knowledge of falsity OR a reckless disregard for the truth
Note: subjective standard
What additional element of defamation must a private person involved in a matter of public concern prove?
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
What is libel?
A defamation embodied in permanent form (written, recorded, etc.) general damages are presumed
What is slander?
Spoken defamation (plaintiff must prove special damages unless the statement is slander per se)
What are the categories of slander per se?
(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
What are the types of invasion of privacy torts?
(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
What is appropriation of a plaintiff’s image?
(1) unauthorized use of the plaintiff’s picture or name for the defendant’s commercial advantage [generally limited to ads/product promotions]
What is intrusion on a plaintiff’s affairs or seclusion?
(1) an act of prying that (2) intrudes on something private (3) in a way highly offensive to a reasonable person
What is “false light”
(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
What is public disclosure of private facts?
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
