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NY Bar 2014 > Intentional torts > Flashcards

Intentional torts Flashcards

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1
Q

Battery - elements

A

(1) Harmful offensive contact
(2) with P’s person (including attached things)

NY “assault”

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2
Q

Assault - elements

A

(1) P in reasonable apprehension
(2) of immediate battery

NY “attempted battery”

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3
Q

Assault - words alone?

A

Not without accompanying physical action

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4
Q

False imprisonment - elements

A

(1) Act of restraint

(2) Confinement in bonded area

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5
Q

Intentional infliction of emotional distress - elements

A

(1) Outrageous conduct (EXC mere insult; 1st amendment)
(2) produces severe distress (No evidence or physical symptoms required)
Intent: recklessness sufficient

When mere insult is deemed outrageous: Inkeeper, common carrier, member of fragile class

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6
Q

Trespass to land - elements

A

(1) Act of physical invasion
(2) which interferes with P’s exclusive possession of land
Intent - only to actually be there. No knowledge of ownership required.

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7
Q

Trespass to chattels / conversion

A

Minor - trespass - monetary damages

Major - conversion - forced sale - full market value

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8
Q

Defenses in intentional torts

A 
Consent
Self defense
Defense of others
Defense of property
Necessity (property only)
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9
Q

Intentional tort defense: Consent

A

Legal capacity
Express or implied (reasonable interpretation)
No fraud/duress
Within scope of consent

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10
Q

Intentional tort defense: Self defense

A 
Timing - no revenge 
Force necessary to respond to threat
Reasonable belief of threat
Deadly force - when life in jeopardy
*NY* Duty to retreat EXC in home or policeman or cannot do so safely
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11
Q

Intentional tort defense: Defense of others

A

Belief: Must be correct!

NY reasonable belief

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12
Q

Intentional tort defense: Defense of property

A

Reasonable belief.
No deadly force (can bluff)
No death traps

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13
Q

Intentional tort defense: Necessity

A

Private necessity:

Liable for actual damage (not nominal/punitive)

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14
Q

Defamation - elements

A

(1) Defamatory - to reputation!
(2) Specifically identified P
(3) Publication
(4) Damages
- Per se: presumed damages (injurious to business, moral turpitude, loathsome diseases, etc)
- Non per se: prove economic loss

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15
Q

Defamation defenses

A

Consent
Truth (P doesn’t need to prove falsity!)
Privileges:
Absolute: spouses, court, media in public proceedings
Qualified: candor (recommendation etc) in good faith and relevant

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16
Q

Defamation - public concern defense

A

P must prove falsity and fault. (burden of proof shifted)

Intent of recklessness - public figure
Negligence sufficient - private figure

17
Q

Privacy torts

A

Appropriation
Intrusion
False light
Disclosure

18
Q

Privacy tort - Appropriation

A

Use name/image for commercial advantage
EXC: newsworthiness
* only NY privacy tort *

19
Q

Privacy tort - Intrusion

A

Invasion of seclusion
Highly offensive to avg person
Only when reasonable expectation of privacy
NY No!

20
Q

Privacy tort - False light

A

Widespead dissemination of major falsehood
Highly offensive to avg person
(No econ damages needed - unlike defamation)
NY No!

21
Q

Privacy tort - Disclosure

A

Widespread dissemination of confidential info (true!)
Highly offensive to avg person
Dual life - not confidential

NY - can use fiduciary duty theory

22
Q

Economic torts

A 
Fraud
Malicious prosecution
Inducing breach of contract
*NY* Prima facie tort
*NY* Theft of trade secrets
23
Q

Fraud - elements

A

(1) Misrep fact (not silence or failure to warn)
(2) By intent or recklessness
(3) Intend to induce reliance by P (not 3rd party)
(4) Actual reliance
(5) Damages

[No defenses]

24
Q

Malicious prosecution - elements

A

(1) Crim / civ proceeding without probable cause
(2) Case terminated in P’s favor
(3) Brought for improper purpose

25
Q

Prima facie tort NY only

A 
Intentionally
inflicting economic harm
without justification 
Intent: To do harm
Damages: Must be proven
26
Q

Inducing breach of contract

A

(1) Valid contract between P and 3rd
(2) Knowledge of contract by D
(3) D persuades 3rd to abandon
(4) Breach of contract by 3rd

[Defense: Special relationship D - 3rd]

27
Q

Theft of trade secrets NY only

A

(1) Valid trade secret
(2) Secret taken by improper means

Trade secret: (1) advantage to possessor, (2) not generally known, (3) owner makes effort to keep secret

Improper means: resigning employee or industrial espionage

NY Bar 2014 (18 decks)

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