Intentional Torts Flashcards
Tort
Violation of a duty imposed by civil law resulting in injury to a person or property
Categories of torts
- Intentional
- Business
- Negligence
- Strict liability
- Products liability
Intentional tort
-harm caused by a deliberate action
(Intentional=intent to act not to harm)
Plaintiff must prove ALL elements of a claim by
A preponderance of the evidence standard.
(More likely not/51% probability)
Plaintiff can win a tort claim by
Introducing sufficient evidence to ALL elements
Defendant can win a tort claim if
a) introducing sufficient evidence to disprove any one element
b)successfully probing an affirmative defense
Defamation
-false statement that harms someone’s reputation
a) slander-oral def
b) libel- written def
Elements of defamation
- Defamatory statement=factual statement that is likely to harm someone’s reputation
- Falsity- a true statement cannot be defamatory
- Communication to at least one other person than the plaintiff
- Injury except in slander/libel
Slander per se/ libel per se
a) injury presumed as matter of law
b) sexual behavior, crimes, disease
Defenses to defamation
a) truth of statements in question
b) absolute privilege
1.N.Y times Co v. Sullivan
2.Actual malice
- Public officials must prove actual malice
- Statement made with knowledge of falsity, or with reckless regard of the truth
Elements of false imprisonment
a) intentional restraint
b)of another person
c) without reasonable cause
d) without consent
Shopkeepers privilege: general rule- store can detain suspect without being liable for false imprisonment if:
- Reasonable basis for suspicion and
- Detention is reasonable (manner and duration)
Defenses for false imprisonment
a) consent
b) shopkeeper’s privilege
c) lawful authority
Elements of battery
a) intentional touching
b) of another person
c) in a way that is harmful or offensive
Defense in battery
a) consent
b) defense
Elements of assault
a) act intended to cause
b) reasonable apprehension
c) of harm or offensive contact
-essentially fear of battery
-no contact has to occur
Defenses to assault
a) consent
b)defense
Defenses to assault
a) consent
b)defense
Intentional infliction of emotional distress elements
a) extreme or outrageous conduct
b) causing serious emotional harm
Elements of trespass
a) intentional entry
b) onto the property of another without consent
Defenses to trespass
a) consent
b) emergency situation
Elements of conversion
Conversion=
a) taking or using
b) the personal property of another
Conversion= civil analog to crime or theft
Defenses to conversion
a) consent
b) abandonment
c)authority of law
d) bona fide purchaser
e) necessity
f) ownership interest in property
Fraud def=
Elements of fraud
=deliberate deception of another person resulting in injury
a) material misrepresentation
b) falsity
c) intent
d) justifiable resilience
Tortious interference with a contract
Competition for business is to be expected, but once a contract is signed it is improper to induce one side to break it
Elements of tortious interference with a contract
- Contract between plaintiff and third party
- Defendant knew of contract
- Defendant improperly induced third party to breach contract.
- Injury to plaintiff
Defenses of tortious interference with a contract (Justification)
- Protection of defendants own existing economic interest
- Acting in public interest (reporting fraud)
- Contract between plaintiff and third party could be terminated at will by either side
Tortious interference with a prospective economic advantage
“Catch all” Tort for businesses interference in situations without a contract
Elements of tortious interference with a prospective economic advantage
- Plaintiff had definite and reasonable expectation
a) must show more than mere hope for profit - Of obtaining an economic advantage with 3rd party (no contract required)
- Defendant maliciously interfered to prevent relationship from developing
- Defendants conduct was independently unlawful
Some defense to tortious interference with a prospective economic advantage
- Justification
- Defendant is competing for the same business as plaintiff
False advertising- Lanham act
Protects businesses from unfair competition of false or misleading advertisements intended to harm another business
Elements of false advertising
a) defendant made false or misleading fact statements about a product
b) statements were material and likely to influence purchasing decisions
c) statements were used in commercial advertising
d) statements created likelihood of harm
Damages- compensate damages
Amount of money intended to resolve plaintiff to same position as before defendants conduct caused injury
Compensatory damages:
Single recovery principle-
Calculation of compensary damages-
- Plaintiff only gets one opportunity to sue
- Economic damages- specific monetary amounts (medical bill)
Non economic damages- subjective non monetary loses (pain, mental anguish)
Punitive damages
Intended to punish defendant for extreme or outrageous conduct
