Intentional torts Flashcards
Battery - elements
(1) Harmful offensive contact
(2) with P’s person (including attached things)
NY “assault”
Assault - elements
(1) P in reasonable apprehension
(2) of immediate battery
NY “attempted battery”
Assault - words alone?
Not without accompanying physical action
False imprisonment - elements
(1) Act of restraint
(2) Confinement in bonded area
Intentional infliction of emotional distress - elements
(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
Trespass to land - elements
(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.
Trespass to chattels / conversion
Minor - trespass - monetary damages
Major - conversion - forced sale - full market value
Defenses in intentional torts
Consent Self defense Defense of others Defense of property Necessity (property only)
Intentional tort defense: Consent
Legal capacity
Express or implied (reasonable interpretation)
No fraud/duress
Within scope of consent
Intentional tort defense: Self defense
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
Intentional tort defense: Defense of others
Belief: Must be correct!
NY reasonable belief
Intentional tort defense: Defense of property
Reasonable belief.
No deadly force (can bluff)
No death traps
Intentional tort defense: Necessity
Private necessity:
Liable for actual damage (not nominal/punitive)
Defamation - elements
(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
Defamation defenses
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
Defamation - public concern defense
P must prove falsity and fault. (burden of proof shifted)
Intent of recklessness - public figure
Negligence sufficient - private figure
Privacy torts
Appropriation
Intrusion
False light
Disclosure
Privacy tort - Appropriation
Use name/image for commercial advantage
EXC: newsworthiness
* only NY privacy tort *
Privacy tort - Intrusion
Invasion of seclusion
Highly offensive to avg person
Only when reasonable expectation of privacy
NY No!
Privacy tort - False light
Widespead dissemination of major falsehood
Highly offensive to avg person
(No econ damages needed - unlike defamation)
NY No!
Privacy tort - Disclosure
Widespread dissemination of confidential info (true!)
Highly offensive to avg person
Dual life - not confidential
NY - can use fiduciary duty theory
Economic torts
Fraud Malicious prosecution Inducing breach of contract *NY* Prima facie tort *NY* Theft of trade secrets
Fraud - elements
(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]
Malicious prosecution - elements
(1) Crim / civ proceeding without probable cause
(2) Case terminated in P’s favor
(3) Brought for improper purpose
Prima facie tort NY only
Intentionally inflicting economic harm without justification Intent: To do harm Damages: Must be proven
Inducing breach of contract
(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]
Theft of trade secrets NY only
(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
