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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 batteryNY “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 damagesMajor - 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 threatReasonable belief of threatDeadly force - when life in jeopardyNY 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 personDual 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 meansTrade 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 (2 decks)

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