Intentional Torts Flashcards
Test your knowledge of Tort law
How would one establish a prima facie case for the Intentional Infliction of Emotional Distress?
(1) the conduct was extreme and outrageous, (2) the conduct was either intentional or reckless, and (3) severe emotional distress resulted.
What are the elements for the Negligent Infliction of Emotional Distress (for a victim outside of the ‘zone of danger’)
(1) Plaintiff must be closely related to the injured person, (2) they must be present in the same location at the time of the injury, and (3) they must personally observe the harm.
How would one establish a prima facie case for Battery?
(1) Harmful or Offensive Contact, (2) With the Plaintiff’s person (or anything connected to Plaintiff).
How would one establish a prima facie case for False Imprisonment?
(1) an act or omission on the part of the defendant that (2) confines or restrains the plaintiff (3) within a bounded area.
How would one establish a prima facie case for Trespass to Land?
(1) Intentional entry (2) onto Plaintiff’s Real Property
How would one establish a prima facie case for Trespass to Chattels?
(1) Act by the Defendant that (2) Interferes with the plaintiff’s right of possession in a chattel
How would one establish a prima facie case for Conversion?
(1) Act by the Defendant that (2) Interferes with the Plaintiff’s right of possession in a chattel, (3) serious enough in nature to warrant the Defendant pay the chattel’s full value.
What are the categories of ‘Slander per se’?
(1) statements that reflect poorly on the plaintiff’s business or profession, (2) statements that the plaintiff has committed a serious crime implicating violence or dishonesty, (3) statements that impute serious sexual misconduct, or (4) statements that the plaintiff has a loathsome disease (leprosy or STIs)
How would one establish a prima facie case for Defamation
the Defendant must make a (1) Defamatory statement that specifically identifies the plaintiff, that has been (2) published to at least one third-party, (3) is a false statement, the (4) defendant is at fault for the publication of the defamatory statement, and (5) damage to the plaintiff’s reputation resulted.
In what instances is an employer generally liable for the intentionally tortious conduct of its employees?
(1) the employee is acting to further the interests of the business; (2) the employee is authorized to use force in their employment; or (3) Conflict is common in the regular course of the employment.
How would one establish a prima facie case for Intrusion on a Plaintiff’s Affairs or Seclusion under a common law theory of invasion of privacy?
Plaintiff should show (1) eavesdropping, spying, or interception of private communications that (2) would be highly offensive to a reasonable person.
How would one establish a prima facie case for Appropriation of a plaintiff’s picture or name under a common law theory of Invasion of privacy?
- (1) Unauthorized use of the plaintiff’s picture or name; (2) for the commercial advantage of the defendant.
- Usually restricted to advertising or promotion
How would one establish a prima facie case for the publication of facts placing the Plaintiff in False Light under a common law theory of invasion of privacy?
- Defendant must (1) attribute to plaintiff views they do not hold or actions they did not take, in a manner that would be (2) highly offensive to a reasonable person under the circumstances.
- Must be circulated to the general public, not just a single 3rd party
How would one establish a prima facie case for a Public disclosure of the Plaintiff’s private information?
- The defendant must (1) publicly disclose the Plaintiff’s private information that would (2) be highly offensive to a reasonable person.
- May attach even though the statement is true
- Exception for when the information is of public interest
