Intentional Torts Flashcards
IIED
Intent
To engage in conduct that is extreme or outrageous: goes “beyond all bounds of decency and is utterly intolerable in a civilized community”
That causes P severe emotional distress: an emotional or mental disorder that is recognized and diagnosed by a trained professional, such as neurosis, psychosis, chronic depression, or phobia.
Alienation of affections
Loving marriage
Spouse’s love was destroyed
Defendant’s malicious conduct caused the loss of affection
Criminal conversation
P is in a marriage (not legally separated)
Intercourse between P and third party
False imprisonment
Intent to confine or restrain
Within fixed boundaries
That results in such confinement
Where the P is conscious of the confinement or is harmed by it: use of physical barriers or physical force, direct or indirect threat, by invalid used of legal authority.
NC statutory shopkeepers privilege
No civil liability for a shopkeeper who commits false imprisonment if:
On the shops premises or w/in reasonable proximity
Reasonable time to determine if P stole the item at issue
Probable cause to believe person willfully stole from the store
Trespass to land
Intent to enter the land
To cause physical invasion
Upon the land of another
Liability for flight over land
No liability for a flight over land unless:
It interferes w/ the owner’s current use; or injures the health and happiness of, or be imminently dangerous to, people or property on the land.
Private nuisance
A substantial and unreasonable interference with another’s use and enjoyment of the land.
Think remedies: injunction or damages
Coming to the nuisance
IN NC a D who is an agricultural or forestry operation can raise a coming to the nuisance defense when it has been in operation for more than 1 year and the operation was not a nuisance at the time it began, unless there has been a fundamental change in the operation.
Change in ownership, size, or type of product produced are not fundamental changes.
Consent
A person cannot consent to an unlawful act
Self-defense
A D in his home, car, or place of employment had a reasonable fear of imminent death, and can use deadly force in self-defense w/out having to retreat, if:
An individual was attempting to unlawfully and forcefully enter that place, or was attempting to remove another from that place against his will, and
The D knew or had reason to know that an unlawful and forcible entry was occurring.
Presumption not available if:
Person had a right to be in that place;
Person being removed was a child or grandchild of the person doing the removing;
The person attempting to enter was a police officer who properly identified himself or
The person had discontinued efforts to enter or had exited the place.
Defamation
A defamatory statement: diminishes respect, esteem, or goodwill toward the P, or that deters other from associating with the P.
Made with some degree of fault: if a staetment is made about a public figure/official, the 1st Amendment requires P show actual malice (a knowing lie or reckless disregard for the truth). If private person: NC requires only negligence.
Published to another person: communicated to a third party; includes repeating defamatory statement made by another
Of or concerning the P: the reasonable person would u/s the statement to have been about the P
That damages the P’s reputation
Libel
Written defamation
Libel per se
Statement is obviously defamatory
Special damages may be presumed
Crime involving moral turpitude
Reflecting poorly on trade or profession
Having loathsome disease
Libel per quod
Not obviously defamatory w/out knowledge of extrinsic fact
Damages must be proved
Slander per se
Spoken defamation
Slander per se
Crime involving moral turpitude
Reflecting poorly on trade or profession
Having loathsome disease
Special damages presumed
Defenses to defamation
Truth
Privilege
False light
Not recognized in NC
Publication of facts about P or attributing views/actions to P that place him in false light objectionable to reasonable person under the circumstances; truth not always a defense
In matters of public interest, P must show malice
Public disclosure of private facts
Not recognized in NC
Public disclosure of private facts (even if true) about P that would be highly offensive to a reasonable person and is not of legitimate concern to public; in tentiosn w/ 1st Amendment
Disfavored tort
Intrusion upon seclusion
D’s act of intrusion upon Ps private affairs, objectionable to reasonable person (no publication required)
Misappropriation
Unauthorized use of Ps picture or name for D’s advantage; lack of consent; injury
Intentional misrepresentation (fraud)
A false representation of fact (including concealment)
Of material fact
Made with scienter (the intent to deceive and knowledge of the the statements falsity)
Which caused the P to act or refrain from acting
Based upon the Ps reasonable reliance
That caused economic damages to the P
Negligent misrepresentation
Does not require scienter
Look for it when there is professional negligence: bad advice that P relied on to his detriment.
Intentional interference with K
Knowledge fo P’s contractual relationship with 3rd party
Intentional, breach-causing interference with K
Made w/out justification (NC)
That causes economic damage to P
Malicious prosecution
Intentionally and maliciously instituting, pursuing, or causing another to institute/pursue
For an improper purpose and w/out probable cause
That is eventually dismissed ( lesser included conviction is not a dismissal for these purposes.
