Intentional Torts

Question 1

Intent

Answer 1

The intent to create an offense contact with the plaintiff’s body or the apprehension of it in the plaintiff. Malice not required, except for unusual torts where malice is part of the definition of the tort—e.g., intentional infliction of emotional distress (outrageous words & actions intending to humiliate. Proof of malice can be important, though, even when not required. Entitles the plaintiff to punitive damages In cases of defamation (libel or slander), proof of malice is necessary to overcome a defendant’s “qualified privilege” False, defamatory, communicated statements by the media ….when “speaker” & recipient(s) have legitimate interest in content

Question 2

Assault and Battery

Answer 2

Plaintiff must prove. 1.) Affirmative Conduct 2.) Intent 3.) Injury

Question 3

Defamation (Libel and Slander)

Answer 3

Plaintiff must establish these things: 1.) defendant made a statement about the plaintiff as through it were fact 2.) the statement about the plaintiff was defamatory 3.) the statement was false 4.) the statement was communicated/published by the defendant to at least one other person 5.) the plaintiff’s reputation was harmed

Question 4

Absolute Privilege

Answer 4

To encourage certain types of activity, the courts have created an absolute privilege for the potential defendant in several contexts.

Question 5

Qualified Privilege

Answer 5

if Defendant acted in good faith. Malice must be proven in addition to other claims.

Question 6

False Imprisonment

Answer 6

The courts protect the interest by recognizing the right to sue for the tort false imprisonment when persons are unlawfully confined or restrained without their consent.

Question 7

Elements of False Imprisonment

Answer 7

1.) intentionally confined or restrained 2.) without the plaintiff’s consent 3.) without lawful authority 4.) “injured” the plaintiff

Question 8

Defense

Answer 8

When a shopkeeper detains a suspected shoplifter and presses charges. All state legislatures have acted to protect shopkeepers with legislation that prevents recovery of false imprisonment when shopkeepers have probable cause for suspecting shoplifting.

Question 9

Intentional Interference with Business relationships

Answer 9

Also known by other names, such as “tortious interference,” “intentional inducement to breach a contract,” etc.

Question 10

Element of intentional interference with business relationships

Answer 10

1.) the existence of a binding contract subject to interference 2.) an intentional act of interference 3.) Proximate Cause 4.) Actual damage/loss occurred

Question 11

If there was no binding contract

Answer 11

a.) reasonable probability that the parties would have entered into a contractual relationship b.) an intentional and malicious act by defendant that prevented the relationship from occurring with the purpose of harming the plaintiff d.) actual damage or loss occurred